
    CITY OF OLEAN, Appellant, v. BRADNER, Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    November 19, 1913.)
    Action by the City of Olean against Marcia B. Bradner.
   PER CURIAM.

Judgment affirmed with costs. Held, that the common council had power under the charter to require defendant to lower her sidewalk to the established grade of. the street, and, under the facts in this case, was not estopped from so doing by any prior acts of the superintendent of streets. The judgment was, however, properly reversed for want of sufficient competent proof of the expense incurred by the city, or to justify receiving in evidence the Dunham map. The reversal is not a bar to a new action.  