
    The John J. Hart Company, Appellant, v. The City of New York, Respondent.
    
      Hart Company v. City of New York, 129 App. Div. 903, affirmed.
    (Argued June 12, 1911;
    decided October 3, 1911.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 25, 1909, affirming a judgment in favor ■ of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury in an action to recover for excess work alleged to have been performed in connection with a contract for paving.
    
      George B. Hayes for appellant.
    
      Archibald R. Watson, Corporation Counsel (Terence Farley and Francis Martin of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Gray, Vann, Werner, Willard Bartlett, Hiscock and Chase, JJ.  