Majority
p. 829Joseph F. Egan, Inc., Respondent, v. City of New York, Appellant.
Upon remission to this court by the Court of Appeals, pursuant to CPLR 5613 for a determination of the facts, the second cause of action is reinstated and the verdict thereon affirmed. The concessions of the defendant leave no question of the performance of the services or their value. The judgment appealed from should be modified accordingly on the law and the facts, without costs or disbursements. Settle order on notice.
Concur- — -Breitel, J. P., Rabin, Eager, Steuer and Bastow, JJ.