Majority
p. 1143Stephen R. Frank et al., Plaintiffs, v Meadowlakes Development Corporation et al., Defendants. Meadowlakes Development Corporation, Third-Party Plaintiff-Respondent, v Home Insulation and Supply, Inc., Third-Party Defendant-Appellant. D.J.H Enterprises, Inc., Doing Business as Danni-Marr Builders, Third-Party Plaintiff, v Home Insulation and Supply, Inc., Third-Party Defendant. D.J.H. Enterprises, Inc., Doing Business as Danni-Marr Builders, Third-Party Plaintiff, v Douglas Kokanovich, Doing Business as Woodland Construction Co., Third-Party Defendant. Home Insulation and Supply, Inc., Fourth-Party Plaintiff, v Douglas Kokanovich, Doing Business as Woodland Construction Co., Fourth-Party Defendant. (Appeal No. 2.) [683 NYS2d 448]
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the same Memorandum as in Frank v Meadowlakes Dev. Corp. ( 256 AD2d 1141 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Michalek, J. — Summary Judgment.) Present— Denman, P. J., Hayes, Balio, Boehm and Fallon, JJ.