
    Michael J. La Manna, Appellant, v Paul E. Colucci, Doing Business as Paul E. Colucci Excavating Company, Appellant, and Stewart-Scott Associates, Inc., et al., Respondents, et al., Defendant.
    Argued January 5, 1989;
    decided February 9, 1989
    
      APPEARANCES OF COUNSEL
    
      Andrew L. Spitz for Michael J. La Manna, appellant.
    
      Jeffrey Kirsch for Paul E. Colucci, appellant.
    
      William M. Weegar for Stewart-Scott Associates, Inc., and another, respondents.
   OPINION OF THE COURT

Order affirmed, with costs to respondents against the appellants, for the reasons stated in the memorandum of the Appellate Division (138 AD2d 901).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Hancock, Jr., and Bellacosa. Taking no part: Judge Titone.  