Appellate Division of the Supreme Court of the State of New York February 1, 2002 (McDaniel v. City of Buffalo)

—Appeal from an order of Supreme Court, Erie County (Glownia, J.), entered March 20, 2001, which, inter alia, denied defendants’ motion seeking dismissal of the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.