Opinion
Argued June 7, 1979
Decided June 28, 1979
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOHN J. CALLAHAN, J.
Paul William Beltz for appellant.
Richard K. Schoepperle for George Herman and Associates, Inc., defendant and third-party plaintiff-respondent.
Arthur J. Maloney for Dyna Crete Corporation, defendant and third-party plaintiff-respondent.
Herbert J. Lustig for third-party defendant-respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 64 A.D.2d 844).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER. Taking no part: Judge FUCHSBERG.