Welch Foods, Inc., Appellant-Respondent, v. Ralph W. Wilson et al., Defendants, and Village of Westfield, Respondent-Appellant and Third-Party Plaintiff-Appellant. Mogen David Wine Corporation et al., Third-Party Defendants-Respondents

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the same Memorandum as in Welch Foods v Wilson ([appeal No. 1] 262 AD2d 949 [decided herewith]). (Appeals from Order of Supreme Court, Chautau qua County, Gerace, J. — Reargument.) Present — Lawton, J. P., Hayes, Wisner, Hurlbutt and Scudder, JJ.