¶1Order reversed on the law without costs, motion granted and new trial granted. Same Memorandum as in Constable v Matie ([appeal No. 3] 199 AD2d 1004 [decided herewith]). All concur except Balio, J., who dissents in part in same Dissenting Memorandum as in Constable v Matie ([appeal No. 3] 199 AD2d 1004 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Flaherty, J.—Set Aside Verdict.) Present—Green, J. P., Balio, Fallon and Davis, JJ.
199 A.D.2d 1004
Constable v. Matie
Appellate Division of the Supreme Court of the State of New York
Decided December 29, 1993
Appellate Division of the Supreme Court of the State of New York · decided 1993-12-29
Decided 1993-12-29