Opinion
Argued March 21, 1979
Decided April 26, 1979
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
James E. Buckley, John T. Garry, II, and Leonard W. Krouner for appellant.
Thomas J. Walsh for Corbin La Voy and another, respondents.
Robert S. Stockton for Turf Construction Co. and another, respondents.
John E. Knauf for County Excavation, Inc., and another, respondents.
Order affirmed, with costs, for the reasons stated in the opinion by Mr. Justice ROBERT G. MAIN at the Appellate Division ( 63 A.D.2d 358).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG.