Majority
p. 779Kissena Contracting Company, Inc., Respondent, v. Chas. Shaffer & Son, Inc., Appellant.
Action upon a written contract for excavating work by a subcontractor for a general contractor on a public improvement. Judgment for the plaintiff for the unpaid balance due unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Hagarty, Carswell, Davis and Adel, JJ.