
    Murray H. Nekris, Respondent, v. Joseph W. Yellen et al., Individually and as Copartners Doing Business under the Name of West Side Iron Works, Appellants, and City of New York, Respondent.
    Argued January 9, 1951;
    decided January 18, 1951.
    
      
      William L. Shumate for appellants.
    
      Joseph H. Sand and Bernard Meyer son for Murray H. Nekris, respondent.
    
      John P. McGrath, Corporation Counsel (Joseph J. Lucchi and Seymour B. Quel of counsel), for City of New York, respondent.
   Appeal from that part of judgment which reverses the judgment against the defendant-respondent City of New York dismissed, with costs, and in all other respects judgment affirmed, with costs. No opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Fboessel, JJ.  