
    The City of New York, Respondent, v. Morton H. C. Foster, Appellant.
    
      City of New York v. Foster, 148 App. Div. 358, affirmed.
    (Argued April 30, 1912;
    decided May 14, 1912.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 29,1911, which affirmed a determination of the Appellate Term reversing a judgment of the Municipal Court of the city of New York in
    
      favor of defendant and granting a new trial in an action to recover a penalty for an alleged violation of the Building Code of the city of New York.
    
      George I. Woolley and Ira J. Ettinger for appellant.
    
      Archibald R. Watson, Corporation Counsel (Terence Farley, John P. O’Brien, Samuel J. Parmenter and Harry Crone of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Gray, Haight, Vann, Werner, Hiscock and Collin, JJ.  