
    William P. Wuest, Appellant, v. The City of New York, Respondent.
    (Argued June 12, 1905;
    decided October 3, 1905.)
    
      Wuest v. City of New York, 89 App. Div. 262, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 8, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury.
    
      Francis A. McCloskey for appellant.
    
      John J. Delany, Corporation Counsel (James D. Bell of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, O’Brien, Bartlett, Haight, Vann and Werner, JJ.  