Majority
p. 1039Peter E. Tucciarello et al., Plaintiffs, v Ironwil Associates, Defendant, et al., Third-Party Plaintiff, et al., Third-Party Defendants. Monroe Piping and Sheet Metal, Inc., Fourth-Party Plaintiff-Appellant, v Wilmorite, Inc., Fourth-Party Defendant-Respondent. (Appeal No. 3.) [612 NYS2d 982]
—Order unanimously affirmed with costs. Same Memorandum as in Tucciarello v Ironwil Assocs. ([appeal No. 1] 202 AD2d 1039 [decided herewith]). (Appeal from Order of Supreme Court, Monroe County, Frazee, J. — Dismiss Fourth-Party Com
p. 1040
plaint.) Present — Green, J. P., Pine, Fallon, Callahan and Boehm, JJ.