
    Paul Meyer, Respondent, v. Woodward-Brown Realty Company, Appellant.
    
      Contract — action to recover for alleged breach of contract for construction of building.
    
    
      Meyer v. Woodward-Brown Realty Co., 209 App. Div. 548, affirmed.
    (Submitted December 18, 1924;
    decided January 21, 1925.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 30, 1924, which affirmed a determination of the Appellate Term affirming a judgment of the Municipal Court of the city of New York in favor of plaintiff. The action was to recover damages growing out of the alleged improper construction by the. defendant of a house and garage upon premises contracted by the defendant to be erected and sold to the plaintiff in Queens county, near Astoria, N. Y. The complaint alleged breach of contract by the defendant in that the said garage when constructed had neither fireproof walls nor ceiling, nor 'was the said garage constructed in accordance with the terms and conditions of the said contract, nor was the said garage approved as a fireproof garage by the building department of the city of New York or the board of fire underwriters of the city of New York.
    
      I. T. Flatto for appellant.
    
      George H. Francoeur and Thomas C. Larkin for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, Crane, Andrews and Lehman, JJ. Absent: McLaughlin, J. ,  