
    John C. Rodgers, Appellant, v. The City of New York, Respondent.
    (Submitted January 31, 1912;
    decided February 20, 1912.)
    
      Rodgers v. City of New Yoi% 139 App. Div. 901, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 3, 1910, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover damages alleged to have been caused plaintiff through defendant’s fraud and deceit.
    
      Chase Mellen for appellant.
    
      Archibald B. Watson, Corporation Counsel (Terence Farley of counsel), for respondent.
   Judgment affirmed, with costs; no opinion..

Concur: Cullen, Ch. J., Cray, Werner, Willard Bartlett, Hiscock, Chase and Collin, JJ.  