Majority
p. 726(November 21, 1978) In the Matter of Fidelity and Deposit Company of Maryland, Respondent, v Parsons & Whittemore Contractors Corporation, Appellant.
—Judgment, Supreme Court, New York County, entered on June 13, 1978, unanimously affirmed. Petitioner-respondent shall recover of appellant $50 costs and disbursements of this appeal. The appeal from the order of said court, entered on May 19, 1978, is dismissed as subsumed in the judgment entered June 13, 1978. No opinion. Concur — Murphy, P. J., Evans, Markewich and Yesawich, JJ.