MATTER OF D.M.C. CONSTR. CORP. v. LEO NASH STEEL CORP

Order reversed, with costs, and the petition dismissed on the dissenting opinion by Mr. Justice J. IRWIN SHAPIRO at the Appellate Division ( 51 A.D.2d 1040-1043). Question certified answered in the negative.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.