Majority
p. 744E. K. Construction Co., Inc., Appellant, v Board of Higher Education of the City of New York (Lehman College), Respondent.
Order, Supreme Court, New York County, entered on March 9, 1979, unanimously affirmed, for the reasons stated by H. Schwartz, J., at Special Term. Respondent shall recover of appellant $75 costs and disbursements of this appeal. Concur — Murphy, P. J., Fein, Sullivan, Ross and Bloom, JJ.