
    Erie Railroad Company, Appellant, v. International Railway Company, Respondent.
    
      Lease — action under provisions of lease to recover portion of expense to plaintiff of elimination of grade crossing.
    
    
      Erie R. R. Co. v. International Ry. Co., 209 App. Div. 380, affirmed.
    (Argued December 3, 1924;
    decided December 19, 1924.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 24, 1924, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. Plaintiff sued to recover from defendant a portion of the expense to plaintiff of the elimination of the grade crossing of plaintiff’s tracks at Main street in the city of Buffalo under certain clauses in a lease whereby the lessee, to whose rights defendant has succeeded, agreed to perform and satisfy all of the duties and obligations then or thereafter imposed by law or lawful authority upon the lessor with respect to the “ leased section ” and particularly with respect to the operation and maintenance thereof and, in case of the substitution of overhead crossings or under crossings for highway crossings at grade upon the “ leased section,” to pay the cost and expense of that portion of the structure carrying the highway over or under the “ leased section ” and one-half of all costs or expenses of, or incurred by, the lessor for approaches to such over or under crossings and for land and consequential damages.
    
      Helen Z. M. Rodgers and William L. Marcy for appellant.
    
      James C. Sweeney for respondent.
   Judgment affirmed, with costs; no opinion.

.- Concur: His cock, Ch. J., Pound, Crane, Andrews and Lehman, JJ. Absent: Cardozo and McLaughlin, JJ.  