Claim of Goldberg v. 954 Marcy Corp.

*905Hill, P. J., Rhodes and Heffernan, JJ., concur on the grounds stated by Hill, P. J., in Matter of Bishop v. Comer & Pollock, Inc. [ante, p. 492], decided herewith; McNamee, J., dissents, with an opinion in which Crapser, J., concurs.