
    WENDEL v. MAYOR, ETC., OF CITY OF NEW YORK.
    (Supreme Court, Appellate Division, First Department.
    July 17, 1900.)
    Action by John G. Wendel against the mayor, aldermen, and commonalty of the city of New York. After the direction of a verdict for defendant, plaintiff's motion for a new trial was ordered to be heard in the first instance in the appellate division. Motion denied. P. A. Hargous, for the motion. George L. Sterling, opposed.
   INGRAHAM, J.

This action was argued with the case of Wallace v. City of New York (decided herewith) 65 N. Y. Supp. 855, and presents the same question that was there determined. For the reasons stated in the opinion in that case, the exceptions' are overruled, and motion for a new trial denied, with costs.

VAN BRUNT, P. J., and MeLAUGHLIN and HATCH, JJ., concur. O’BRIEN, J., not voting.  