
    POST & McCORD v. CITY OF NEW YORK et al.
    (Supreme Court, Appellate Division, First Department.
    January 22, 1915.)
    Action by Post & McCord against the City of New York and others. D. Cady Herrick, of Albany, and M. W. Norman, of New York City, for appellants. M. D. Schallek, of New York City, for respondents.
   PER CURIAM.

Judgment (in 86 Misc. Rep. 300, 148 N. Y. Supp. 568) affirmed, with costs. Order filed.

INGRAHAM, P. J., and HOTCHKISS, J.,

dissent, so far as the decision sustains the assignment made to the Coal & Iron National Bank, upon the ground that that assignment was made by the New York State Construction Company with intent to create a preference.  