
    C. H. Heist, Inc., Respondent, v. Peter Kiewit Sons’ Co. et al., Appellants. Peter Kiewit Sons’ Co. et al., Plaintiffs, v. C. H. Heist, Inc., Defendant, and New Amsterdam Casualty Co., Respondent.
   Order unanimously affirmed, with $25 costs and disbursements. (Appeal from order of Erie Special Term denying motion by the appealing defendants for dismissal of the complaint and for summary judgment on their counterclaim with a determination of their damages.) Present — Williams, P. J., Goldman, Halpern, McClusky and Henry, JJ.  