
    The City of New York, Appellant, v. Warren-Scharf Asphalt Paving Company et al., Respondents.
    
      City of New York v. Warren-Scharf Asphalt Paving Co., 149 App. Div. 633, affirmed.
    (Argued March 25, 1913;
    decided April 15, 1913.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 1, 1912, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for an alleged breach of contract in failing to keep a street pavement in repair.
    
      Archibald B. Watson, Corporation Counsel (Terence Farley of counsel), for appellant.
    
      L. Laflin Kellogg and Alfred C. Petté for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Willard Bartlett, Chase and Cuddeback, JJ. Absent: Hogan, J. Not sitting: Miller, J.  