Citation Codes Equivalent Citations citation codes Attorney(S) Mark A. Longo for Jack H. Dorfman for See more information ... Smart Summary Please sign up to generate summary. VITO CUCUZZA, Respondent, v. FRANK A. VACCARO, Defendant and Third-Party Plaintiff. ROBERT BEUTHE, Doing Business as BEUTHE EXCAVATING, Third-Party Defendant-Appellant. On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for reasons stated in the opinion by Justice Charles B. Lawrence at the Appellate Division ( 109 A.D.2d 101). (See also, Duffy v Horton Mem. Hosp., 66 N.Y.2d 473). Question certified answered in the affirmative. Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and HANCOCK, JR. Taking no part: Judge TITONE.