
    Chalmers Dale, as Trustee of Carrie R. Dale, Respondent, v. The City of New York, Appellant.
    Judgment affirmed, with costs, with leave to defendant to withdraw demurrer and answer on payment of costs in this court and in the court below.—Appeal by the defendant from an interlocutory judgment of the Supreme Court, entered in the clerk’s office of the county of New York on the 4th day of November, 1901, overruling a demurrer to the complaint.—
   Per Curiam:

For the reasons assigned in the opinion in the case of Daley, City of New York, (ante, p. 227), the interlocutory judgment should be affirmed, with costs, and with leave to defendant to withdraw demurrer and answer upon payment of the costs of the appeal and of the demurrer. Present—Van Brunt, P. J., O’Brien, MeLaughlin, Hatch and Laughlin, JJ. Van Brunt, P. J., dissenting.  