Majority
p. 974Timothy Antholzner, Respondent, v ADF Construction Corp. et al., Appellants and Third-Party Plaintiffs-Appellants. Steelcor Builders et al., Third-Party Defendants-Respondents. (Appeal No. 2.) [608 NYS2d 131]
Order unanimously modified on the law and as modified affirmed without costs in accordance with same Memorandum as in Schelble v ADF Constr. Corp. ( 199 AD2d 973 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Whelan, J.—Summary Judgment.) Present—Denman, P. J., Callahan, Lawton and Davis, JJ.