
    Gernatt Asphalt Products, Inc., Appellant, v Bensal Construction, Inc., et al., Defendants, and Aetna Casualty and Surety Company et al., Respondents. R. P. Myers, Inc., et al., Third-Party and Interpleader Plaintiffs-Respondents, v Robert Smolinski et al., Third-Party and Interpleaded Defendants-Appellants; United States of America, Third-Party and Inter-pleaded Defendant-Respondent, et al., Third-Party and Interpleaded Defendants.
    Argued October 19, 1983;
    decided November 22, 1983
    
      APPEARANCES OF COUNSEL
    
      Frank T. Gaglione and Lawrence A. Schulz for plaintiff-appellant.
    
      Richard J. Attea for third-party and interpleaded defendants-appellants.
    
      John M. Wilson, II, for respondents.
    
      Glen L. Archer, Jr., Assistant Attorney-General, Salvatore R. Martoche, United States Attorney, Joan I. Oppenheimer, Michael L. Paup and Richard W. Perkins for the United States of America, third-party and interpleaded defendant-respondent.
   opinion of the court

Order modified, with costs to appellants, to the extent of denying defendants’ motions for summary judgment for the reasons stated in the dissenting in part memorandum at the Appellate Division (90 AD2d 993), and, as so modified, affirmed.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.  