
    BROOKLYN UNION GAS CO., Respondent, v. CITY OF NEW YORK, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    November 28, 1906.)
    Action by the Brooklyn Union Gas Company against the city of New York.
   PER CURIAM.

Motion for leave to appeal to the Court of Appeals granted, and questions certified as follows: (1) In this action can the defendant question the lawfulness of the price charged for gas furnished and consumed by it on the ground that such price is in excess of the fair and reasonable value? (2) Is the actual cost to the plaintiff of the production and distribution of the gas a material fact in the controversy?  