Judgment unanimously modified on the law and facts in accordance with memorandum in Marco M. Frisone, Inc. v. Borg Constr. Co. (40 A D 2d 589) decided herewith, and as modified affirmed, without costs but with disbursements to plaintiff-respondent. (Appeal from judgment of Monroe Trial Term in action for damages for breach of contract and to foreclose mechanic’s lien.) Present — Del Vecchio, J. P., Witmer, Gabrielli, Moule and Cardamone, JJ.