Majority
p. 923Tri-City Electric, Inc., Plaintiff, v The People of the State of New York, Defendant, Lake Steel Equipment Rental, Inc., Appellant, and Aetna Casualty & Surety Co., Respondent.
— Judgment unanimously affirmed without costs for reasons stated in decision at Supreme Court, Gorski, J. (Appeal from Judgment of Supreme Court, Erie County, Gorski, J. — Dismiss Claim.) Present — Callahan, J. P., Green, Pine, Lawton and Davis, JJ.