
    Stock Construction Corporation, Appellant, Respondent, v. The City of New York, Respondent, Appellant.
   Order denying plaintiff’s motion to dismiss the ninth partial defense in the defendant’s supplemental answer unanimously reversed and the motion granted, and order denying defendant’s motion for partial summary judgment unanimously affirmed, with twenty dollars costs and disbursements to the plaintiff. No opinion. Present — Martin, P. J., O’Malley, Glennon, Cohn and Callahan, JJ.  