Amex Asphalt Corporation et al., Appellants and Respondents, v. City of New York, Respondent and Appellant.
Argued May 28, 1942;
decided June 18, 1942.
*723Samuel L. Greenberg and Erwin Greenberg for plaintiffs, appellants and respondents.
William C. Chanter, Corporation Counsel (James Hall Prothero, Paxton Blair and Nelson Rosenbaum of counsel), for defendant-respondent and appellant.
*724Order 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.