
    The People of the State of New York ex rel. Metropolitan Street Railway Company, Respondent, v. Edward P. Barker et al., as Commissioners of Taxes and Assessments of the City of New York, Appellants.
    
      People ex rel. Metropolitan Street Ry. Co. v. Barker, 121 App. Div. 661, affirmed.
    (Submitted November 14, 1910;
    decided November 29, 1910.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 29, 1907, which affirmed an order of Special Term vacating the assessment of the capital stock of the relator for the year 1897.
    
      Archibald R. Watson, Corporation Counsel (Curtis A. Peters of counsel), for appellants.
    
      Joseph P. Cotton, Jr., and George Rublee for respondent.
   Order affirmed, with costs, on opinion of Ingraham, J., below.

Concur: Cullen, Ch. J., Haight, Vann, Werner, Willard Bartlett and Chase, JJ. Not sitting: Gray, J.  