53 N.Y.2d 718 (1981)
Howdy Jones Construction Co., Inc., Respondent,
Howdy Jones Construction Co., Inc., Respondent,
v.
Parklaw Realty, Inc., et al., Appellants, et al., Defendants.
Court of Appeals of the State of New York.
Argued February 20, 1981. Decided April 2, 1981.Jeffrey R. Berke for appellant.
Joseph Sluzar for respondent.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (76 AD2d 1018).