
    Adam P. Dienst, Appellant, v. The City of New York et al., Respondents.
    
      Dienst v. City of New TorJc, 124 App. Div. 938, affirmed.
    (Argued January 20, 1909;
    decided February 9, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 30,1908, affirming a judgment in favor of defendants entered upon the report of a referee in an action to recover for an alleged breach of contract.
    
      Chase Mellen, for appellant.
    
      Francis K. Pendleton, Corporation Counsel (Terence Farley and Theodore Connoly of counsel), for The City of New York, respondent.
    
      
      William Greenough for New York, New Haven and Hartford Railroad Company, respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen,' Ch. J., Gray, Haight, Vann, Hiscock and Chase, JJ. Not voting: Edward T. Bartlett, J.  