Majority
p. 955Craig M. Murphy, Appellant, v Terry Vogt, Doing Business as Professional Independent Contracting, Respondent and Third-Party Plaintiff. Custom Carpet Centers, Third-Party Defendant-Respondent. [708 NYS2d 656]
—Order
p. 956
unanimously affirmed without costs for reasons stated at Supreme Court, Mintz, J. (Appeal from Order of Supreme Court, Erie County, Mintz, J. — Summary Judgment.) Present — Pine, J. P., Hayes, Scudder and Kehoe, JJ.