Majority
p. 945Patrick Gillespie et al., Appellants, v Town of New Hartford et al., Respondents and Third-Party Plaintiffs. Hanna Construction, Inc., Third-Party Defendant-Respondent. [619 NYS2d 982]
—Judgment unanimously affirmed without costs for reasons stated in decision at Supreme Court, Tenney, J. (Appeal from Judgment of Supreme Court, Oneida County, Tenney, J.—Summary Judgment.) Present—Denman, P. J., Pine, Lawton, Wesley and Davis, JJ.