
    William J. Morris, Inc., Appellant, v Lanzilotta & Teramo Construction Corp., Defendant, and Fidelity & Deposit Company of Maryland, Respondent.
    Argued May 4, 1979;
    decided June 14, 1979
    
      APPEARANCES OF COUNSEL
    
      John A. Dowd for appellant.
    
      Cecil Holland, Jr., for respondent.
   OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (63 AD2d 969; see, also, Becker v Faber, 280 NY 146, 148-149).

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