
    F. V. Smith Contracting Company, Appellant, v. The City of New York, Respondent.
    
      Smith Contracting Co. v. City of New York, 128 App. Div. 926, affirmed.
    (Argued January 10, 1911;
    decided January 24, 1911.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 19, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for an alleged breach of contract.
    
      L. Laflin Kellogg and Alfred C. Petté for appellant.
    
      Archibald R. Watson, Corporation Counsel (Terence Farley and Theodore Connoly of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner and Collin, JJ. Not voting: Hiscock, J.  