
    (January 27, 1976)
    Aetna Casualty and Surety Company, as Assignee of Trimen Construction Company, Respondent, v Board of Education of the City of New York, Appellant.
   Order, Supreme Court, New York County, entered on August 5, 1975, unanimously affirmed for the reasons stated by Frank, J., at Special Term, and that the respondent recover of the appellant $40 costs and disbursements of this appeal. No opinion. Concur—Stevens, P. J., Kupferman, Silverman, Capozzoli and Nunez, JJ.  