
    Bertha Schafhaus, Respondent, v. The City of New York, Appellant.
    
      Schafhaus v. City of New York, 38 App. Div. 475, affirmed.
    (Submitted May 10, 1899;
    decided June 6, 1899.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 28,1898, upon a submission of controversy under section 1279, Code of Civil Procedure.
    
      John Whalen, Corporation Counsel {William J. Ca/rr of counsel), for appellant.
    
      Arthur Hurst for respondent.
   Judgment affirmed, with costs, on opinion below.

All concur, except Haight and Vann, JJ., not voting.  