SNYDER CONSTRUCTION COMPANY v. STATE OF NEW YORK

Order reversed, with costs, and motion to dismiss the claim granted for reasons stated in the dissenting opinion by Justice J. CLARENCE HERLIHY at the Appellate Division ( 73 A.D.2d 50, 52-55). Question certified answered in the negative.

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