
    The City of New York, Appellant, v. New York Telephone Company, Respondent.
    
      Public service corporations — telephone companies — action to restrain collection of increased redes — complaint dismissed.
    
    
      City of New York v. N. Y. Telephone Co., 202 App. Div. 796, affirmed.
    (Argued June 8, 1923;
    decided July 13, 1923.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 19, 1922, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The action was brought to restrain the defendant from enforcing or collecting an increase in its rates in New York city, which had been consented to by the public service commission.
    
      George P. Nicholson, Corporation Counsel (M. Maldwin Fertig and Harry Hertzoff of counsel), for appellant.
    
      Edward L. Blackman and Charles T. Bussell for respondent.
   Judgment affirmed, with costs; no opinion.

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