Majority
p. 889Tyrone L. Madison, Respondent, v Spancrete Machine Corporation, Defendant and Third-Party Plaintiff-Respondent. Old Castle Pre-Cast, Inc., Formerly Known as Spancrete Northeast, Inc., Third-Party Defendant-Appellant. (Appeal No. 2.) [732 NYS2d 196]
—Appeal unanimously dismissed without costs (see, Empire Ins. Co. v Food City, 167 AD2d 983 , 984). (Appeal from Order of Supreme Court, Monroe County, Bergin, J. — Reargument.) Present — Pigott, Jr., P. J., Wisner, Hurlbutt, Gorski and Lawton, JJ.