
    George J. Bohnen, Appellant, v. Herman A. Metz, as Comptroller of the City of New York et al., Appellants. Charles Wille, Respondent.
    
      Bohnen v. Metz, 126 App. Div. 807, affirmed.
    (Argued November 25, 1908 ;
    decided December 15, 1908.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 27, 1908, in favor of the defendant respondent upon the submission of a controversy, under section 1279 of the Code of Civil Procedure, as to whether the provisions of the Labor Law (L. 1896, ch. 506, § 3) relating to an eight-hour day and the prevailing rate of wages on public work, apply to parts to be used in a public work but made for the special purpose elsewhere than the place where they are finally assembled and placed in position. The plaintiff and defendants appellants sought to avoid a contract on the ground of a violation of the provisions of the Labor Law referred to.
    
      Charles Maitland Beattie for plaintiff appellant.
    
      Francis K. Pendleton, Corporation Counsel (Theodore Connoly of counsel), for defendants appellants.
    
      Edward M. Grout and James F. McKinney for respondent.
   Judgment affirmed, with costs, on opinion below.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Werner, Hiscook and Chase, JJ.  