
    [686 NE2d 1353, 664 NYS2d 259]
    Suzanne Kennedy et al., Respondents, v Wegmans Food Markets, Inc., Appellant.
    Decided September 18, 1997
    
      APPEARANCES OF COUNSEL
    
      Brown & Kelly, L. L. P., Buffalo (Daniel J. Marren of counsel), for appellant.
    
      Hellerer, Cuomo & O’Connor, Amherst (Neil N. Cuomo of counsel), for respondents.
   OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, defendant’s motion to dismiss granted and complaint dismissed, for the reasons stated in the dissenting memorandum at the Appellate Division (239 AD2d 898).

Concur: Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley.  