
    FRASER et al., Respondents, v. CITY OF NEW YORK, Appellant.
    (Supreme Court, Ap pellate Division, First Department.
    May 29, 1913.)
    Action by Alexander V. Fraser and another, as executors, etc. against the City of New York. W. B. C. M'ayer, of Brooklyn, for appellant. H. Green, of New York City, for respondents.
   PER CURIAM.

Judgment and order reversed, with costs, and complaint dismissed, with costs on Smith v. Rochester, 76 N. Y. 506, and O'Meara v. Mayor, etc., 1 Daly, 425. Settle order on notice.  