Allied Chemical & Dye Corporation (The Barrett Division), on Behalf of Itself and All Other Persons Entitled to a Share in the Fund Received or Property Received by Thomas Venezia, Individually and Doing Business as Venezia Construction Company, and/or Lucy M. Venezia, as Administratrix of the Estate of Thomas Venezia, Deceased, from the State of New York, in Connection with the Construction of a Certain Public Improvement Pursuant to a Contract with the State of New York, Respondent, v. Lucy M. Venezia, as Administratrix of the Estate of Thomas Venezia, Deceased, Appellant, et al., Defendants

Allied Chemical & Dye Corporation (The Barrett Division), on Behalf of Itself and All Other Persons Entitled to a Share in the Fund Received or Property Received by Thomas Venezia, Individually and Doing Business as Venezia Construction Company, and/or Lucy M. Venezia, as Administratrix of the Estate of Thomas Venezia, Deceased, from the State of New York, in Connection with the Construction of a Certain Public Improvement Pursuant to a Contract with the State of New York, Respondent, v. Lucy M. Venezia, as Administratrix of the Estate of Thomas Venezia, Deceased, Appellant, et al., Defendants. [MAJORITY] Present — Foster, P. J., Heffernan, Brewster, Bergan and Coon, JJ.