
    Dwight H. Murray, Appellant, v. New York Telephone Company, Respondent.
    
      Murray v. N. Y. Telephone Co., 170 App. Div. 17, affirmed.
    (Argued March 10, 1919;
    decided April 8, 1919.)
    Appeal from a judgment entered March 3, 1916, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The action was in equity, to regulate the charge to be made by the defendant for service and the kind of service to be furnished to plaintiff over defendant’s telephone lines in the city of Syracuse. Plaintiff contended that by the terms of the franchise granted to defendant’s predecessor it was restricted to a charge of forty-eight dollars a year for single-party “ direct line business service.”
    
      Walter W. Magee and Stewart F. Hancock, Corporation Counsel (Ray B. Smith and William Rubin of counsel), for appellant.
    
      
      William Nottingham, Charles T. Russell and Robert F. Janes for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Chase, Hogan, Cabdozo, Pound and McLaughlin, JJ. Not sitting: His cock, Ch. J., and Andbews, J.  