
    John Grace & Company, Inc., Respondent, v State University Construction Fund, Defendant and Third-Party Plaintiff-Appellant. Marvin A. Mass et al., Individually and Doing Business as Cosentini Associates, Third-Party Defendants-Appellants. (And a Fourth-Party Action.)
    Argued November 19, 1984;
    decided December 20, 1984
    
      APPEARANCES OF COUNSEL
    
      Kenneth G. Varley for Marvin A. Mass and others, appellants.
    
      Robert Abrams, Attorney-General (Richard J. Dorsey and Peter H. Schiff of counsel), for State University Construction Fund, appellant.
    
      Lester M.A. Gulitz for respondent.
   OPINION OF THE COURT

Order modified, with costs to plaintiff and third-party defendants Marvin A. Mass et al., against State University Construction Fund, by dismissing the third-party complaint against Marvin A. Mass et al., doing business as Cosentini Associates, for reasons stated in the concurring in part and dissenting in part memorandum by Justice Howard A. Levine at the Appellate Division (99 AD2d 860, 862-863); and, as so modified, order affirmed.

i

Concur: Judges Jones, Wachtler, Meyer, Simons, and Kaye. Chief Judge Cooke and Judge Jasen dissent and vote to affirm for reasons stated in the memorandum of the Appellate Division (99 AD2d 860).  