
    In the Matter of D.M.C. Construction Corp., Respondent, v A. Leo Nash Steel Corp., Appellant.
    Argued January 13, 1977;
    decided February 15, 1977
    
      
      Edwin H. Wolf for appellant.
    
      Julius Zizmor for respondent.
   Order reversed, with costs, and the petition dismissed on the dissenting opinion by Mr. Justice J. Irwin Shapiro at the Appellate Division (51 AD2d 1040-1043). Question certified answered in the negative.

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