
    NPS Engineers and Constructors, Inc., Respondent, v Underweiser & Underweiser et al., Defendants-Appellants, and Third-Party Plaintiffs. Williamson, Picket, Gross, Inc., Third-Party Defendant.
    Argued March 29, 1989;
    decided April 27, 1989
    
      APPEARANCES OF COUNSEL
    
      Beatrice K. Underweiser for appellants.
    
      Jeffrey D. Marks and Jay D. Fischer for respondent.
   OPINION OF THE COURT

Order modified, with costs to appellants, by denying plaintiffs motion for summary judgment for the reasons stated in the dissenting memorandum of the late Justice Leonard H. Sandler at the Appellate Division (141 AD2d 412, 414-417). Certified question not answered as unnecessary.

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.  