
    The City of New York, Respondent, v. Third Avenue Railroad Company, Appellant, Impeaded with Another.
    
      City of New York v. Third Ave. R. R. Co., 115 App. Div. 899, affirmed.
    (Argued November 21, 1907;
    decided December 10, 1907.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 28,1906, affirming a judgment in favor of plaintiff entered upon a decision of the court at a.Trial Term without a jury in an action to recover license fees alleged to be due from the defendant for running passenger cars on its railway in the city of New York.
    
      J. P. Cotton, Jr., George U. Bartholomew and II. A. Robinson for appellant.
    
      William, B. Ellison, Corporation Counsel (Theodore Connoly and Terence Earley of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Guay, O’Brien, Vann,Werner, Willard Bartlett and Chase, JJ.  