Appellate Division of the Supreme Court of the State of New York July 3, 2003, Appeal No. 1 (Carpenter v. Browning-Ferris Industries, Inc.)

Appeal from an order of Supreme Court, Erie County (Whelan, J.), entered May 8, 2002, which, inter alia, granted defendants’ motions to dismiss the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying defendants’ motions and reinstating the complaint and as modified the order is affirmed with costs to plaintiff.