
    Rufus M. Choate, Respondent, v. The City of Buffalo Appellant.
    (Submitted April 26, 1901;
    decided June 4, 1901.)
    
      Choate v. City of Buffalo, 39 App. Div. 379, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, made March 22, 1899, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial.
    W. H. Cuddeback for appellant.
    
      Lockwood & Lockwood for respondent.
   Order affirmed and judgment absolute ordered for plaintiff on the stipulation, with costs; no opinion.

Concur: Parker, Oh. J., O’Brien, Bartlett, Martin, Yann, Landon and Cullen, J J.  