Opinion
Filed May 2, 2001.
Appeal from Order of Supreme Court, Erie County, Mahoney, J. — Summary Judgment.
PRESENT: PIGOTT, JR., P.J., PINE, HAYES, KEHOE AND BURNS, JJ.
Order unanimously reversed on the law without costs, motion granted and complaint against defendant Town of Ellicottville dismissed. Same Memorandum as in Hayden v. Ward ([appeal No. 1] ___ A.D.2d ___ [decided herewith]).