
    The Snare and Triest Company, Appellant, v. The City of New York, Respondent.
    
      Snare & Triest Co. v. City of New York, 158 App. Div. 928, affirmed.
    (Argued March 9, 1910;
    decided March 24, 1910.)
    Appeal from a judgment of the Appellate Division of the' Supreme Court hi the first judicial department, entered November 21, 1913, affirming a judgment in favor of defendant entered upon the report of a referee. The action is brought by plaintiff, as assignee of Maryland Steel Company, to recover about $36,000 on three causes of action, viz.: (a) To recover damages for being compelled to excavate and build a number of pier foundations many feet below those shown on contract plans and drawings prepared by the defendant; (b) to recover on quantum meruit a very considerable amount for extra work upon the theory and claim that plaintiff was induced to do the work by promises and agreements of persons and representatives of the defendant with whom it had been constantly dealing, to give it proper orders when the work was done, such orders being "withheld and refused after the doing of the same; (c) that the defendant, arbitrarily and without lawful or legal right, canceled the building of a rubble stone wall called for by the contract and, by duress of goods or in order that plaintiff might get its regular and proper payments, compelled it to allow the defendant a rebate of $2,600 for this wall and of $216 for another piece of work.
    
      Hector M. Hitchings for appellant;
    
      Lamar Hardy, Corporation Counsel (William E. C. Mayer and Terence Farley of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Chase, Cuddeback, Hogan, Cardozo and Pound, JJ.  