Judgment affirmed, with costs, on opinion of McLaughlin, J., below.
Concur: Cullen, Oh. J., G-ray, Werner, Hisoock, Collin and Miller, JJ. Not voting: Ouddeback, J.
City of New York v. Seely-Taylor Co., 149 App. Div. 98, affirmed.
(Argued March 20, 1913;
decided April 4, 1913.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 16, 1912, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for the failure of the defendant Seely-Taylor Company to execute a contract in accordance with its bid for certain public work.
Archibald R. Watson, Corporation Counsel (Terence Farley and Frank B. Pierce of counsel), for appellant.
Edward W. Norris, Alfred J. Talley, F. G. Dunham and Albert Reese for respondents.
Judgment affirmed, with costs, on opinion of McLaughlin, J., below.
Concur: Cullen, Oh. J., G-ray, Werner, Hisoock, Collin and Miller, JJ. Not voting: Ouddeback, J.
208 N.Y. 548
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