Whitaker v. Mercy Hospital

Order unanimously affirmed without costs. Same memorandum as in Whitaker v Mercy Hosp. ([appeal No. 1] 163 AD2d 897 [decided herewith]). (Appeal from order of Supreme Court, Erie County, Kane, J.—summary judgment.) Present—Boomer, J. P., Green, Balio, Davis and Lowery, JJ.