
    John Ernest, Appellant, v. The City of Schenectady, Respondent.
    
      Ernest v. Gity of Schenectady, 117 App. Div. 913, affirmed.
    (Argued March 11, 1908;
    decided March 31, 1908.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 22, 1907, affirming a judgment in favor of defendant entered upon the report of a referee in an action to recover damages for the alleged unlawful interference by the defendant with the street in front of plaintiff’s premises.
    
      A. S. Golden, and John D. Miller for appellant.
    
      Austin A. Yates, Corporation Counsel (Del B. Salmon of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Vann, Werner, Willard Bartlett, Hiscock and Chase, JJ. Dissenting: Cullen, Ch. J., and Haight, J.  