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  5. 61 N.Y.2d 836 (1984)
 

JAMES McKINNEY & SON, INC. v. LAKE PLACID 1980 OLYMPIC GAMES, INC.

61 N.Y.2d 836 (1984)

James McKinney & Son, Inc., Appellant-Respondent, v. Lake Placid 1980 Olympic Games, Inc., Respondent, and Gilbane Building Company, Respondent-Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided February 21, 1984.

Attorney(s) appearing for the Case

James F. Downs for appellant-respondent.

Julius L. Schapira, George N. Toplitz and Kalvin Kamien for respondent-appellant.

Michael P. Shanley for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur; Judge SIMONS taking no part.

MEMORANDUM.

The order of the Appellate Division should be modified, with costs to defendant Gilbane Building Company against plaintiff, by granting defendant Gilbane's motion for summary judgment dismissing the complaint as against it. As so modified, the order should be affirmed, with costs to defendant Lake Placid 1980 Olympic Games, Inc., against plaintiff. The certified question should be answered in the negative.

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