It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion of defendant Baker Heavy & Highway, Inc. and the cross motions of defendants Laborers' International Union of North America, AFL-CIO, Local 210 and Laborers' International Union of North America, AFL-CIO are granted, the complaint against them is dismissed and plaintiff's cross motion is dismissed as moot.
Memorandum:
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