
    The City of New York, Respondent, v. Union Railway Company of New York City, Appellant.
    
      Railroads ■ — • municipal corporations — action to recover expense of paving between and at sides of tracks.
    
    
      City of New York v. Union Ry. Co. of N. Y. City, 206 App. Div. 472, affirmed.
    (Argued April 10, 1924;
    decided May 13, 1924.)
    Appeal from a judgment, entered November 30, 1923, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury and directing judgment in favor of plaintiff. The action was brought to recover the expense incurred by plaintiff in paving the area between the north- and south-bound tracks and the areas immediately adjoining the outer rail of each said track for a distance of two feet therefrom. Defendant claimed exemption under section 3 of chapter 340 of the Laws of 1892. The Appellate Division held that the exemption was repealed by chapter 434 of the Laws of 1893.
    
      Addison B. Scoville and Alfred T. Davison for appellant.
    
      George P. Nicholson, Corporation Counsel (John F. O’Brien, Elliot S. Benedict and Charles W. Miller of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  