Opinion
Argued November 19, 1984
Decided December 20, 1984
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Edward S. Conway, J.
Kenneth G. Varley for Marvin A. Mass. and others, appellants.
Robert Abrams, Attorney-General ( Richard J. Dorsey and Peter H. Schiff of counsel), for State University Construction Fund, appellant.
Lester M.A. Gulitz for respondent.
Order modified, with costs to plaintiff and third-party defendants Marvin A. Mass. et al., against State University Construction Fund, by dismissing the third-party complaint against Marvin A. Mass. et al., doing business as Cosentini Associates, for reasons stated in the concurring in part and dissenting in part memorandum by Justice Howard A. Levine at the Appellate Division ( 99 A.D.2d 860, 862-863); and, as so modified, order affirmed.
Concur: Judges JONES, WACHTLER, MEYER, SIMONS, and KAYE. Chief Judge COOKE and Judge JASEN dissent and vote to affirm for reasons stated in the memorandum of the Appellate Division ( 99 A.D.2d 860).