
    Moran Bros. Contracting Co., Inc., Respondent, v. City of New York, Appellant.
    
    Supreme Court, Appellate Term, First Department,
    March 6, 1936.
    
      Paul Windels [Paxton Blair, Henry J. Shields and Nelson Rosenbaum of counsel], for the appellant.
    
      Macklin, Brown, Lenahan & Speer [Gerald J. McKernan and Charles F. Welch of counsel], for the respondent.
    
      
       Revg. 154 Misc. 802.
    
   Per Curiam.

In the absence of any showing of fraud or palpable mistake, the decision of the borough president was conclusive. (Sweet v. Morrison, 116 N. Y. 19.) It was error for the trial court to deny defendant’s motion for summary judgment.

Order reversed, with ten dollars costs, and motion granted.

All concur. Present — Lydon, Hammer and Franken-THALER, JJ.  