Judgment affirmed, without costs; no opinion. .
Concur: Willard Bartlett, Ch. J., Werner, Chase, Collin, Hogan, Miller and Cardozo, JJ.
(Argued October 20, 1914;
decided November 10, 1914.)
City of N. Y. v. Linch, 161 App. Div. 292, affirmed
Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 27, 1914, modifying, and affirming as modified, a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury in an action to recover the cost of repaving between and adjacent ,to the tracks of the Second Avenue Railroad Company. ;
*639 Frank L. Polk, Corporation Counsel (Terence Farley and Frank B. Pierce of counsel), for plaintiff, appellant and respondent.
Julien T. Davies and Brainard Tolles for defendant, respondent and appellant.
Judgment affirmed, without costs; no opinion. .
Concur: Willard Bartlett, Ch. J., Werner, Chase, Collin, Hogan, Miller and Cardozo, JJ.
213 N.Y. 638
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