
    Morris and Cummings Dredging Company, Appellant, v. The City of New York, Respondent.
    
      Morris & Cummings Dredging Go.v. City of New York, 122 App. Div. 923, affirmed.
    (Argued December 1, 1908;
    decided December 15, 1908.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 13, 1908, which affirmed a judgment of Special Term sustaining a demurrer to and dismissing the complaint in an action to recover for extra work alleged to have been done in connection with the performance of a contract.
    
      Pierre M. Brown for appellant.
    
      Francis K. Pendleton, Corporation Counsel (Theodore Connoly and Clarence L. Barber of counsel), for respondent.
   Judgment affirmed, with costs, on opinion of Appellate Division in same case on former appeal (116 App. Div. 257); no opinion.

Concur: Gray, Edward T. Bartlett, Haight, Vann and Willard Bartlett, JJ. Dissenting: Cullen, Ch. J., and Chase, J.  