Opinion
November 15, 1989
Appeal from the Supreme Court, Erie County, Rossetti, J.
Present — Dillon, P.J., Callahan, Green, Pine and Davis, JJ.
Order unanimously reversed on the law without costs and motion and cross motion denied. Same memorandum as in Guadagno v Baltimore Ohio R.R. Co. ([appeal No. 1] 155 A.D.2d 981 [decided herewith]).