64 N.Y.2d 916 (1985)
Arnell Construction Corp., Appellant,
Arnell Construction Corp., Appellant,
v.
Village of North Tarrytown, Respondent.
Court of Appeals of the State of New York.
Argued February 5, 1985. Decided March 19, 1985.Lester M. A. Gulitz and Roy A. Heimlich for appellant.
Yvonne R. Cort and Robert J. Ciovacco for respondent.
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER.
Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (100 AD2d 562).