
    The People of the State of New York, Respondent, v. The Bleecker Street and Fulton Ferry Railroad Company, Appellant, Impleaded with Others.
    
      People v. Bleecker Street & Fulton Ferry R. R. Co., 140 App. Div. 611, affirmed.
    (Argued March 14, 1911;
    decided March 28, 1911.)
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 18, 1910, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint in an action brought by the attorney-general to oust the appellant from certain franchises in the city of New York.
    The following questions were certified : “ 1. Does the complaint herein state facts sufficient to constitute a cause of action against the defendant ? 2. Has the plaintiff herein
    legal capacity to sue, without leave of the Supreme Court granted before the action was brought ? ”
    
      Ernest E. Baldwin, Henry Wollman, Benjamin F. Woli man, Edward S. Seidman and Robert G. Starr for appellant.
    
      Thomas Garmody, Attorney-General (Franklin Kennedy of counsel), for respondent.
    
      Archibald R. Watson, Corporation Counsel, ( William P. Burr and William J. Clarke of counsel), for City of New York, intervening.
   Order affirmed,with costs; both questions certified answered in the affirmative; no opinion.

Concur; Cullen, Ch. J., Vann, Werner, Willard Bartlett, Hisoock and Chase, JJ. Absent: Haight, J.  