
    John Slattery, Appellant, v. The Mayor, Aldermen and Commonalty of the City of New York, Respondent.
    
      Slatten v. Mayor, etc., of New York, 31 App. Div, 127, affirmed.
    (Argued November 16, 1900;
    decided December 11, 1900.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 14, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint as to the third cause of action by the court at a Trial Term, and an order denying a motion for a new trial.
    
      L. Laflin Kellogg and Alfred C. Petté for appellant.
    
      John Whalen, Corporation Counsel (Theodore Connoly and Terence Farley of counsel), for respondent.
   Judgment affirmed, with costs, on opinion below.

Concur: Gray, O’Brien, Haight, Landon, Cullen and Werner, JJ. Not sitting : Parker, Ch. J.  