LOVISA CONSTRUCTION CO. v. CITY OF NEW YORK

Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division in Naclerio Contr. Co. v City of New York ( 116 A.D.2d 463, affd 69 N.Y.2d 794 [decided herewith]) and the question certified answered in the affirmative.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.