
    John Cullen, Appellant, v. The Mayor, Aldermen and Commonalty of the City of New York, Respondent.
    
      Cullen v. The Mayor, 29 App. Div. 629, affirmed.
    (Argued May 11, 1899;
    decided June 6, 1899.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 4, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint at a Trial Term.
    
      Henry W. Smith for appellant.
    
      John Whalen, Corporation Counsel {Theodore - Connol/y and Terence Farley of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

All concur, except Bartlett, J., who dissents on ground that this case was for the jury and the complaint was improperly dismissed.  