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Samuel Emery, Sr. v. Depot Construction Company, and Third-Party Plaintiff-Respondent, and Third-Party Roy Barnaby, Third-Party Defendant Roy Barnaby, Inc., Third-Party
OPINION OF THE COURT
Judgment appealed from and the order of the Appellate Division brought up for review affirmed, with costs, for reasons stated in the opinion by Justice Michael E. Sweeney at the Appellate Division (75 AD2d 102).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Fuchsberg and Meyer. Taking no part: Judge Wachtler.