
    Theresa Elias, Respondent, v. The City of Rochester Appellant.
    
      Elias v. City of Rochester, 49 App. Div. 597, affirmed.
    (Argued January 15, 1902;
    decided January 31, 1902.)
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 7, 1900, sustaining plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, and granting a new trial.
    
      William A. Sutherland for appellant.
    
      Oeorge Haines for respondent.
   Order affirmed and' judgment absolute ordered for plaintiff on the stipulation, with costs; no opinion. ■

Concur: Parker, Ch. J., Gray, O’Brien, Bartlett, Haight, Martin and Vann, JJ.  