
    Waldorf-Astoria Hotel Company, Respondent, v. The City of New York, Appellant. Waldorf-Astoria Segar Company, Respondent, v. The City of New York, Appellant.
    
      Waldorf-Astoria Hotel Co. v. City of New York, 177 App. Div. 907, affirmed.
    
      Waldorf-Astoria Segar Co. v. City of New York, 177 App. Div. 907, affirmed.
    (Argued February 4, 1919;
    decided February 25, 1919.)
    Appeal, ■ in each of .the above entitled actions, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 8, 1917, affirming a judgment in favor of plaintiff entered upon a verdict. Both suits were brought to recover damages caused by the bursting of a.water main on Thirty-third street about one hundred feet west of Fifth avenue early in the morning of April 13, 1914, undermining the curb wall and destroying a marble and cement • floor in the Waldorf-Astoria Hotel and damaging a stock -of. segars stored by the segar company in the sub-basement of the hotel building. Negligence of the city was predicated upon alleged inaction, inattention and neglect of the authorities after repeated warning.
    
      William P. Burr, Corporation Counsel (Terence Farley and Willard S. Allen of counsel), for appellant.
    
      George C. Lay for respondent.
   Judgment in each case affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Hogan, Cardozo, Pound, McLaughlin and Andrews, JJ.  