
    Annie K. Whaley, Appellant, v. The City of New York, Respondent.
    
      Whaley v. City cf New Torlc, 120 App. Div. 880, affirmed.
    (Argued March 29, 1909;
    decided April 27, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 29, 1907, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for personal injuries alleged to have been sustained through defendant’s negligence.
    
      J. D. Fuckenthal and William A. Barber for appellant.
    
      Francis K. Pendleton, Corporation Counsel (Theodore Gonnoly, Terence Farley and Thomas F. Noonan of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Yann, Willard Bartlett and Chase, JJ. Not voting: Edward T. Bartlett, J.  