
    Eugene H. Boccieri, Respondent, v. The New York Contracting and Trucking Company, Appellant.
    
      Boccieri v. N. 7. Contracting & Trucking Co., 121 App. Div. 898, affirmed.
    (Argued October 15, 1908;
    decided November 10, 1908.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 5, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for an alleged breach of contract.
    
      John Cowway Toole and James A. Deering for appellant.
    
      Andrew S. Fraser for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Hiscook, JJ.  