DocketNumber: Appeal No. 6
Citation Numbers: 166 A.D.2d 877
Filed Date: 10/5/1990
Status: Precedential
Modified Date: 10/31/2024
Order affirmed without costs. Same memorandum as in Lichtenthal v St. Mary’s Church ([appeal No. 2] 166 AD2d 873 [decided herewith]).
All concur, except Balio and Lawton, JJ., who dissent and vote to reverse in the same dissenting memorandum as in Lichtenthal v St. Mary’s Church, ([appeal No. 3] 166 AD2d 875 [decided herewith]). (Appeal from order of Supreme Court, Erie County, Mintz, J.—summary judgment.) Present—Doerr, J. P., Boomer, Balio, Lawton and Davis, JJ.