
    The Macey Company, Appellant, v. The City of New York, Respondent.
    
      Macey Co. v. City of New York, 144 App. Div. 408, affirmed.
    (Submitted March 5, 1913;
    decided March 25, 1913.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 16, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover a balance alleged to be due under a contract.
    
      Burt D. Whedon for appellant.
    
      Archibald B. Watson, Corporation Counsel (Terence Farley and John F. Collins of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Werner, Willard Bartlett, Chase, Collin and Hogan, JJ.  