Majority
p. 877Roslyn Construction Co., Inc., Respondent, v. East and Southampton Realty Associates, Inc., Appellant, and Joseph Appionb, Defendant.
Judgment in so far as appealed from unanimously affirmed, with costs. The findings of the referee were made upon the correct theory. They have ample support in the evidence and take precedence over the oral opinion, particularly in so far as that opinion contained error. Present — Lazansky, P. J., Young, Kapper, Seeger and Carswell, JJ.