Judgment and order unanimously affirmed without costs for reasons stated in decision at Supreme Court, Howe, J. (Appeals from Judgment and Order of Supreme Court, Erie County, Howe, J. — Summary Judgment.) Present — Hayes, J. P., Scudder, Bums, Gorski and Lawton, JJ.
Town of Sardinia et al., Appellants-Respondents, v. Gernatt Asphalt Products, Inc., Respondent-Appellant. (Action No. 1.); Gernatt Asphalt Products, Inc., Respondent-Appellant, v. Philip Feraldi et al., Appellants-Respondents. (Action No. 2.)
289 A.D.2d 1027735 N.Y.S.2d 454
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