Order affirmed and judgment absolute ordered against plaintiff on the stipulation, with costs in all courts; no opinion.
Concur: Cullen, Ch. J., Gbay, Edwabd T. Babtlett, Webneb, Hiscook and Chase, JJ. Absent: O’Bbien, J.
Parsons Brothers (Incorporated) v. City of New York, 107 App. Div. 324, affirmed.
(Argued March 26, 1906;
decided April 17, 1906.)
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 3, 1905, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial.
Conrad Saxe Keyes for appellant.
John J. Delany, Corporation Counsel (James D. Bell and Patrich E. Callahan of counsel) for city of Hew York, respondent. .
James A. G. Johnson for the Hilton & Dodge Lumber Company et al., respondents.
Order affirmed and judgment absolute ordered against plaintiff on the stipulation, with costs in all courts; no opinion.
Concur: Cullen, Ch. J., Gbay, Edwabd T. Babtlett, Webneb, Hiscook and Chase, JJ. Absent: O’Bbien, J.
184 N.Y. 604
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