Majority
p. 974Howard Gardner et al., Plaintiffs, v Richard G. Garcia et al., Defendants, and Lend Lease Corporation, Appellant. Larry C. Breweur et al., Third-Party Plaintiffs-Appellants, v Town of Holland, Third-Party Defendant, and Gary Tillinghast, Third-Party Defendant-Respondent. (And Three Other Actions And Third-Party Actions.) (Appeal No. 4.)
Order unanimously affirmed without costs. Same opinion by Denman, J., as in Nelson v Garcia ([appeal No. 2] 152 AD2d 22 [decided herewith]). (Appeal from order of Supreme Court, Erie County, Rath, J. — summary judgment.) Present — Callahan, J. P., Denman, Boomer, Balio and Lawton, JJ.
Cases cited
- Nelson v. Garcia 152 AD2d 22 p. 974