
    The City of New York, Respondent, v. McCaldin Brothers Company, Appellant.
    
      City of New York v. McCaldin Bros. Co., 81 App. Div. 622, affirmed.
    (Argued October 20, 1903;
    decided November 10, 1903.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 22, 1903, reversing a judgment in favor of defendant entered upon a decision of' the court at a Trial Term without a jury and granting a new trial.
    
      William L. Turner and Fra/nk D. Arthur for appellant.
    
      George L. Rives, Corporation Counsel (Theodore Connoly, Martin Saxe and JTenry M. Powell of counsel), for respondent.
   Order affirmed on opinion below, and judgment absolute ordered for plaintiff on the stipulation, with costs.

Concur: Parker, Oh. J., Gray, Haight, Martin, Yann, Cullen and Werner, JJ.  