
    Theodore Kinney, Respondent, v. Great Lakes Dredge & Dock, Appellant.
   — Order affirmed, with $10 costs and disbursements. All concur, except Wheeler, J., who dissents and votes for reversal and for granting the motion. (Appeal from an order denying defendant’s motion for summary judgment and for dismissal of plaintiff’s complaint, in a negligence action.) Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ,  