Majority
p. 981Kenneth Motyka et al., Respondents, v Ogden Martin Systems of Onondaga Limited Partnership, Respondent,
p. 982Dick Corporation, Doing Business as Star Stone Construction, Appellant, and GEA Power Cooling Systems, Inc., Appellant-Respondent. (Appeal No. 2.) [710 NYS2d 239]
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the same Memorandum as in Motyka v Ogden Martin Sys. ( 272 AD2d 980 [decided herewith]). (Appeals from Order of Supreme Court, Onondaga County, Stone, J. — Summary Judgment.) Present — Green, J. P., Wisner, Hurlbutt, Kehoe and Lawton, JJ.