
    Anna Miller, Individually and as Administratrix of the Estate of John T. Miller, Deceased, Appellant and Respondent, v. City of New York, Appellant, and Maurice A. Fitzgerald, Individually and as Sheriff of the County of Queens, Respondent, et al., Defendants.
    Argued January 14, 1944;
    decided March 2, 1944.
    
      
      Ignatius M. Corporation Counsel (Murray Sen-dler and James Hall Prothero of counsel), for defendant City of New York, appellant.
    
      Solomon Pearlman and Paul W. Hessel for plaintiff, appellant and respondent. ,.
    
      Austin B. Mandel for defendant-respondent.
   On appeal by the City of New York: Judgment affirmed, with costs.

On plaintiff’s appeal: Appeal dismissed, without costs, on the ground that the appeal was never perfected. No opinion.

Concur: LehmaN, Ch. J., Loughrah, Bippey, Lewis, CoN-way and DesmoNd, JJ. Taking no part: Thacher, J.  