Gernatt Asphalt Products, Inc. v. Bensal Construction, Inc.

opinion of the court

Order modified, with costs to appellants, to the extent of denying defendants’ motions for summary judgment for the reasons stated in the dissenting in part memorandum at the Appellate Division (90 AD2d 993), and, as so modified, affirmed.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.