Opinion
March 14, 1997.
Present — Green, J.P., Pine, Doerr, Boehm and Fallon, JJ.
Order unanimously vacated without costs. Same Memorandum as in Whitesell v Walchli ( 237 AD2d 953 [decided herewith]). (Appeal from Order of Supreme Court, Allegany County, Himelein, J. — Dismiss Complaint.)