Distinguished
Distinguished by Ames Contracting Co. v. City University, 120 Misc. 2d 358 (1983)
Board of Higher Educ. v Bass & D'Alessandro Enterprises (85 AD2d 543, opp dsmd 58 NY2d 686), cited by defendant, is distinguishable.
The opinion
Appeal dismissed, without costs, upon the ground that the dissent at the Appellate Division is not on a question of law (CPLR 5601, subd [a], par [i]).