In an action to recover damages for breach of contract to furnish labor and materials, and to recover on a cheek, the appeal is from an order denying a motion to dismiss the complaint on the ground that it does not state facts sufficient to constitute a cause of action, under rule 106 of the Rules of Civil Practice. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Wenzel, Ughetta, Hallinan and Kleinfeld, JJ., concur. [15 Misc 2d 640.]