AMEX ASPHALT CORPORATION v. CITY OF NEW YORK

Order affirmed, without costs. Question certified on appeal by plaintiff answered in the negative. Question certified on appeal by defendant answered in the affirmative. No opinion.

Concur: LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ. LEHMAN, Ch. J., concurs as to the third defense, but dissents as to the first defense.