
    The City of New York, Appellant, v. Henry L. Bell, Respondent.
    
      Real 'property — title — ejectment — failure to record deed.
    
    
      City of New York v. Bell, 205 App. Div. 855, affirmed.
    (Argued October 5, 1923;
    decided October 23, 1923.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 23, 1923, affirming a judgment in favor of defendant entered upon a verdict. The action was in ejectment. Plaintiff makes its claim upon a deed dated May 1, 1878, but not recorded until June 28, 1917. Defendant claimed title under a deed from the same grantor dated September 13, 1906, and recorded November 16, 1906.
    
      George P. Nicholson, Corporation Counsel (John F. O’Brien, Elliot S. Benedict and Robert J. CuThane of counsel), for appellant.
    
      Lynn C. Norris and Arthur P. Hilton for respondent.
   Judgment affirmed, with costs; no opinion.

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