Appellate Division of the Supreme Court of the State of New York April 29, 1998, Appeal No. 2 (Musaid v. Mercy Hospital of Buffalo)

—Judgment unanimously reversed on the law with costs and new trial granted in accordance with the same Memorandum as in Musaid v Mercy Hosp. (249 AD2d 958 [decided herewith]. (Appeal from Judgment of Supreme Court, Erie County, Mintz, J.— Negligence.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Boehm, JJ.