
    City of Rochester, Plaintiff, v Holmsten Ice Rinks, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents. Frank L. Ciminelli Construction Co., Inc., et al., Third-Party Defendants-Appellants, et al., Third-Party Defendant.
    (Appeal No. 2.)
   — Order unanimously modified on the law and as modified affirmed without costs, in accordance with same memorandum as in City of Rochester v Holmsten Ice Rinks ([appeal No. 1] 155 AD2d 939 [decided herewith]). (Appeal from order of Supreme Court, Monroe County, Curran, J.— summary judgment.) Present — Denman, J. P., Boomer, Green, Pine and Davis, JJ.  