
    Schiavone Construction Company et al., Respondents, v Elgood Mayo Corp. et al., Defendants, and Timberland Equipment Limited, Formerly Known as Timberland Ellicott Limited, Appellant. (And a Third-Party Action.)
    Argued March 23, 1982;
    decided May 4, 1982
    
      APPEARANCES OF COUNSEL
    
      Raymond S. Jackson, Jr., and Peter D. Raymond for appellant.
    
      Eugene Schaffel for respondents.
   OPINION OF THE COURT

Order reversed, with costs, and plaintiffs’ motion denied for the reasons stated in the dissenting opinion of Justice Samuel J. Silverman at the Appellate Division (81 AD2d 221, 227-234). Question certified answered in the negative.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.  