
    George F. Hinrichs, Inc., Appellant, v. The City of New York et al., Respondents.
    
      New York city — municipal corporations — authority of commissioner of public markets in city of New York to fix rentals for stands in public market.
    
    
      Hinrichs, Inc., v. City of New York, 212 App. Div. 816, affirmed.
    (Argued January 20, 1926;
    decided February 24, 1926.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 28, 1925, which unanimously affirmed a judgment in favor of defendants entered upon orders of Special Term granting motions by defendants for judgment upon the pleadings. Plaintiff, under permit from the commissioner of public markets, was in possession of stands in West Washington Market, a public market owned and operated by the city of New York. In July, 1919, the commissioner of public markets, without approval by the board of estimate and apportionment, increased the rental for these stands as well as that for the stands occupied by all other tenants of that market. Plaintiff paid the increased rental and sued to recover the sum so paid on the ground that approval of such increases by the board of estimate and apportionment was required by law and that the commissioner of public markets had no authority to fix rentals.
    
      Bertram Boardman and Cyrus C. Miller for appellant.
    
      George P. Nicholson, Corporation Counsel (John F. O’Brien, John Lehman and Willard S. Allen of counsel), for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Pound, McLaughlin, Crane and Lehman, JJ. Absent: Cardozo, J.  