479 N.E.2d 250, 489 N.Y.S.2d 905

CITY OF ROCHESTER, Respondent, v. LeCESSE BROS. CONTRACTING, INC., Appellant.

Court of Appeals of the State of New York.Argued March 25, 1985
Decided April 25, 1985

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Wilmer J. Patlow, J.

Page 1083

Thomas A. Fink for appellant.

Louis Kash, Corporation Counsel (Daniel J. Tallon of counsel), for respondent.

Page 1084

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (101 A.D.2d 1022).

Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER.