
    McGarry Contracting Co., Inc., Respondent, v. Board of Education of the City of New York, Appellant.
    Argued October 19, 1942;
    decided November 25, 1942.
    
      
      William C. Chanler, Corporation Counsel (Paxton Blair, John G. Clancy and Nelson Rosenbaum of counsel), for appellant.
    
      Frank Weinstein and Samuel J. Levinson for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, and Desmond, JJ. Taking no part: Conway, J.  