
    The City of New York, Appellant, v. Interborough Rapid Transit Company et al., Respondents.
    
      New York city — subway construction — action to set aside determination of chief engineer of -public service commission.
    
    
      City of New York v. Interborough R. Tr. Co., 205 App. Div. 842, affirmed.
    (Argued April 30, 1923;
    decided May 29, 1923.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 19, 1923, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The action was in equity to procure a decree setting aside a determination of the chief engineer of the public service commission approving certain expenditures made by the defendant toward the cost of subway construction under contract No. 3, dated March 19, 1913, upon the ground that the engineer improperly and erroneously allowed certain items.
    
      
      George P. Nicholson, Corporation Counsel (John F. O’Brien and Josiah A. Stover of counsel), for appellant.
    
      De Lancy NieolV, J. Tufton Mason and James L. Quackenbush for Interborough Rapid Transit Company, respondent.
    
      George H. Stover and George 0. Redington for Robert Ridgway, as chief engineer, respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin and Crane, JJ. Dissenting: Hogan, J. Absent: Andrews, J.  