
    James R. F. Kelly et al., Appellants, v. The City of New York, Respondent.
    
      Kelly v. City of New York, 87 App. Div. 299, affirmed.
    (Argued November 17, 1904;
    decided December 6, 1904.)
    Appeal from a judgment, entered November 19, 1903, upon an order of the Appellate Division of the Supreme Court in the first judicial department, overruling plaintiffs’ exceptions, ordered to be heard in the first instance by°the Appellate Division, and directing a dismissal of the complaint.
    
      Louis Marshall for appellants.
    
      John J. Delany, Corporation Counsel (Theodore Connoly of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Culler, Ch. J., Gray, O’Brien, Bartlett, Haight and Yarn, JJ. Absent: Werner, J.  