Opinion
Argued November 18, 1985
Decided December 17, 1985
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Vincent Gurahian, J.
Donald Tirschwell for appellant. Warren E. Berbit and Ira M. Emanuel for Barbara Flagg and others, respondents.
Donald S. Tracy for R R Construction, respondent.
Order affirmed, with costs, for reasons stated in the memorandum of the Appellate Division ( 111 A.D.2d 814).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.