Opinion
October 28, 1971
Appeal from the Onondaga Trial Term.
Present — Del Vecchio, J.P., Marsh, Gabrielli, Moule and Cardamone, JJ.
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.