Judgment unanimously affirmed with costs for reasons stated in decision at Supreme Court, Kane, J. (Appeal from Judgment of Supreme Court, Erie County, Kane, J.—Declaratory Judgment.) Present—Green, J. P., Lawton, Callahan, Do-err and Boehm, JJ.
James Metz, as Executor of Artel Metz, Deceased, et al., Respondents, v. Town of Elma et al., Appellants
233 A.D.2d 951649 N.Y.S.2d 885
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