
    Vito Cucuzza, Respondent, v Frank A. Vaccaro, Defendant and Third-Party Plaintiff. Robert Beuthe, Doing Business as Beuthe Excavating, Third-Party Defendant-Appellant.
    Decided March 20, 1986
    
      APPEARANCES OF COUNSEL
    
      Mark A. Longo for appellant.
    
      Jack H. Dorfman for respondent.
   OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for reasons stated in the opinion by Justice Charles B. Lawrence at the Appellate Division (109 AD2d 101). (See also, Duffy v Horton Mem. Hosp., 66 NY2d 473). Question certified answered in the affirmative.

Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander and Hancock, Jr. Taking no part: Judge Titone.  