Majority
p. 911Roy Nichols et al., Individually and as Parents of Martin Nichols, an Infant, Respondents, v. Compagni Construction Co., Inc., Appellant. (Action No. 9.)
—-Judgment unanimously reversed on the law and facts, without costs, and complaint dismissed as to defendant, Compagni .Construction Co., Inc. Same memorandum as in Action No. 1, (Nichols v. Niagara Mohawk Power Corp., 37 A D 2d 909 ) decided -herewith. (Appeal from judgment of Onondaga Trial Term in negligence action.) Present — Del Vecehio, J. P., Marsh, Gabrielli, Moule, and Cardamone, JJ.