—Order unanimously modified on the law and as modified affirmed without costs in accordance with the same Memorandum as in Puckett v County of Erie ([appeal No. 1] 262 AD2d 964 [decided herewith]). (Appeals from Order of Supreme Court, Erie County, Flaherty, J. — Summary Judgment.) Present — Lawton, J. P., Wisner, Hurlbutt, Callahan and Balio, JJ.
Robert A. Puckett et al., Appellants-Respondents, v. County of Erie et al., Respondents-Appellants; County of Erie et al., Third-Party Plaintiffs, v. Collana Brothers Construction Company, Inc., Third-Party Defendant-Respondent-Appellant
262 A.D.2d 966691 N.Y.S.2d 801
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