
    The Brooklyn Heights Railroad Company, Respondent, v. The Brooklyn City Railroad Company, Appellant.
    
      Brooklyn Heights B. B. Oo. v. Brooklyn Oity B. B. Oo., 124 App. Div. 896, affirmed.
    (Argued June 8, 1909;
    decided October 5, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 3, 1908, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury in an action by a lessee to recover from the lessor the cost of construction of a certain building.
    
      William O. Be Witt for appellant.
    
      Edward W. Hatch, John L. Wells and George D. Yeomans for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Cli. J., Gray, Edward T. Bartlett, Haight, Yann, Willard Bartlett and Chase, JJ.  