Order unanimously affirmed without costs. Same memorandum as in Restey v Victory Mkts. ([appeal No. 1] 127 AD2d 987 [decided herewith]). (Appeal from order of Supreme Court, Cayuga County, Contiguglia, J. — dismiss third-party complaint.) Present — Dillon, P. J., Callahan, Green, Balio and Davis, JJ.