Judgment and order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Defendant Elmar Kiefer contracted with defendant Tower Enterprises of W.N. Y., Inc. (Tower) for the construction of a single-family residence. Pursuant to the construction contract, defendant Wilhelm Kiefer, Elmar's father, was to open and close the construction site and to make sure the contract specifications were followed. Tower hired Allen...
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