Majority
p. 1090Russell Bardin, Sr., Appellant, v James A. Tuozzolo et al., Respondents and Third-Party Plaintiffs-Respondents. William C. Smith, Individually and Doing Business as William Smith Construction, et al., Third-Party Defendants-Respondents.
— Order unanimously affirmed with costs for reasons stated in decision at Supreme Court, Hayes, J. (Appeal from Order of Supreme Court, Oswego County, Hayes, J.— Summary Judgment.) Present — Callahan, J. P., Pine, Lawton, Boomer and Davis, JJ.