Judgment affirmed, with costs. All concur, except Piper, J., who dissents and votes for reversal and for judgment for the plaintiff for the amount of damages stipulated. (Appeal from a judgment dismissing plaintiff’s complaint in an action to recover money due under a construction contract affected by Presidential order.) Present — Taylor, P. J., McCurn, Kimball, Piper and Wheeler, JJ. [202 Mise. 222.]