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Amex Asphalt Corporation Et Al., Appellants and Respondents, v. City of New York, Respondent and Appellant
*724 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.
oncur: Loughran, Finch, Rippey, .Lewis, Conway and Desmond, JJ. Lehman, Ch. J., concurs as to the third defense, but dissents as to the first defense.