Polatschek v. City of New York

On the appeal by the City of New York: Order affirmed, with costs to the prevailing parties; no opinión.

Concur: Chief Judge Fuld and Judges Burke, Breitel, Jasen, Gabrielli, Jones and Wachtler.

On the appeal by Caristo Construction Corp.: Appeal dismissed, without costs, upon the ground that appellant is not aggrieved by the 'modification at the Appellate Division (CPLR 5601, subd. [a], par. [iii]).