F. L. D. Construction Corp. v. Walsh (38 N.Y.2d 802, 1975)

Order affirmed, with costs, on the memorandum at the Appellate Division (45 AD2d 832). Question certified answered in the affirmative.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.