
    Charles Hart, Appellant, v. The City of New York, Respondent.
    
      Hart v. City of New York, 121 App. Div. 918, 921, affirmed.
    (Argued November 23, 1908;
    decided December 8, 1908.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second, judicial department', entered October 18, 1907, which modified and affirmed as modified 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 on contract.
    
      Jesse W. Johnson for appellant.
    
      Francis K. Pendleton, Corporation Counsel (James D. Bell of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Werneb, Hiscock and Chase, JJ.  