—Order unanimously affirmed without costs. Same Memorandum as in Sapienza v County of Erie (270 AD2d 907 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Mintz, J. — Summary Judgment.) Present — Pigott, Jr., P. J., Green, Pine, Hayes and Hurlbutt, JJ.
Dominick A. Sapienza, as Administrator of the Estate of James A. Sapienza, Deceased, Respondent, v. County of Erie, Appellant, et al., Defendants
270 A.D.2d 908706 N.Y.S.2d 664
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