Judgment affirmed, with costs, on opinion of Williams, J., below.
Concur: Cullen, Oh. J., Gray, Edward T. Bartlett, Haight, Vann, Werner and Hiscock, JJ.
JV". T. O. <6 II. B. B. B. Go. v. Gity of Boohester, 129 App. Div. 805, affirmed.
(Argued March 22, 1910;
decided April 5, 1910.)
Appeal from a judgment of the Appellate Division of tha Supreme Gonrt in the fourth judicial department, enteredl January 13, 1909, affirming a judgment in favor of defendà ants entered upon a dismissal of the complaint by the courl *571on trial at Special Term in an action to set aside an assessment upon the plaintiff of a portion of the expense of the construction of a certain bridge over its tracks.
Edwin A Nash for appellant.
W. W. Webb, Corporation Counsel (B. B. Cunningham of counsel), for respondents.
Judgment affirmed, with costs, on opinion of Williams, J., below.
Concur: Cullen, Oh. J., Gray, Edward T. Bartlett, Haight, Vann, Werner and Hiscock, JJ.
198 N.Y. 570
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