
    Oakland Cemetery, Respondent, v. The City of Yonkers, Appellant.
    (Submitted October 5, 1905;
    decided October 24, 1905.)
    
      Oakland Cemetery v. City of Yonkers, 63 App. Div. 448, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 10 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
    
      Francis A. Winslow for appellant.
    William. W. Scrugham for respondent.
   Judgment affirmed, with costs, on opinion below.

Concur: Cullen, Oh. J¡, Bartlett, Haight, Vann and Werner, JJ. Not voting: Cray, J. Absent: O’Brien, J.  