Judgment affirmed, with costs, on opinion below.
Concur: Parker, Ch. J., GrAĆ, Bartlett, Haight, Martin, Yann and Werner, JJ.
(Argued May 8, 1901;
decided May 24, 1901.)
D. & H. Canal Co. v. City of Buffalo, 39 App. Div. 333, affirmed.
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 4, 1899, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at an Equity Term. '
George L. Lewis for appellant.
William H. Cuddeback for respondent.
Judgment affirmed, with costs, on opinion below.
Concur: Parker, Ch. J., GrAĆ, Bartlett, Haight, Martin, Yann and Werner, JJ.
167 N.Y. 589
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