Appellate Division of the Supreme Court of the State of New York April 29, 1998, Appeal No. 3 (Dangler v. Town of Whitestown)

Judgment unanimously reversed, on the law, with costs to plaintiffs, and new trial granted. Same opinion by Denman, P. J., as in Dangler v Town of Whitestown ([appeal No. 1], 241 AD2d 290 [decided herewith]). Present—Denman, P. J., Green, Pine, Callahan and Fallon, JJ.