WALLS v. TURNER CONSTRUCTION COMPANY, No. 71 (N.Y. 5-5-2005)

Order affirmed, with costs, and certified question answered in the affirmative, in a memorandum.

Chief Judge Kaye and Judges G.B. Smith, Ciparick and Graffeo concur.

Judge R.S. Smith dissents and votes to reverse in an opinion in which Judges Rosenblatt and Read concur.