Majority
p. 1019Flower City Insulation Sales and Contractors, Inc., Respondent-Appellant, v Board of Education — Marcus Whitman Central School District, Appellant-Respondent. (Appeal No. 2.)
— Order unanimously modified on the law and as modified affirmed without costs in accordance with same
p. 1020
Memorandum as in Flower City Insulation Sales & Contrs. v Board of Educ. ( 190 AD2d 1018 [decided herewith]). (Appeals from Order of Supreme Court, Ontario County, Henry, Jr., J.— Summary Judgment.) Present — Callahan, J. P., Boomer, Green, Boehm and Davis, JJ.