
    Samuel Emery, Sr., et al., Plaintiffs, v Depot Construction Company, Defendant and Third-Party Plaintiff-Respondent, et al., Defendants and Third-Party Plaintiffs. Roy Barnaby, Third-Party Defendant; Roy Barnaby, Inc., Third-Party Defendant-Appellant.
    Argued April 29, 1981;
    decided June 2, 1981
    
      APPEARANCES OF COUNSEL
    
      Thomas P. Lynch, Judah Gribetz, John L. Altieri, Jr., and Edward H. Burnbaum, Jr., for appellant.
    
      Stephen D. Smyk for respondent.
   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.  