Guadagno v. Baltimore & Ohio Railroad

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 AD2d 981 [decided herewith]). (Appeals from order of Supreme Court, Erie County, Rossetti, J. — summary judgment.) Present —Dillon, P. J., Callahan, Green, Pine and Davis, JJ.