
    John P. Dineen, Appellant-Respondent, v Consolidated Rail Corporation, Respondent-Appellant.
   — Order unanimously modified on the law and as modified affirmed without costs in accordance with same Memorandum as in Briggs v Consolidated Rail Corp. (190 AD2d 1047 [decided herewith]). (Appeals from Order of Supreme Court, Erie County, Wolf, Jr., J. — Summary Judgment.) Present — Callahan, J. P., Green, Lawton, Boehm and Doerr, JJ.  