Majority
p. 822The English Construction Company, Inc., Appellant, v. Raymond F. C. Kieb, as Commissioner of the Department of Correction of the State of New York, and Others, Respondents.
Judgment reversed, on the law, with costs. The findings of fact as made are approved; the conclusions of law are disapproved. The plaintiff is entitled to judgment as requested in its proposed conclusions of law numbered 1, 2 and 3, and judgment accordingly is awarded to plaintiff. Van Kirk, P. J., Hinman, Whitmyer, Hill and Hasbrouck, JJ., concur.