
    The City of New York, Respondent, v. The Trustees of the Sailors’ Snug Harbor in the City of New York, Appellant.
    
      City of New York v. Trustees, etc., 85 App. Div. 355, affirmed,
    (Submitted December 16, 1904;
    decided January 17, 1905.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 27, 1903, in favor of plaintiff, upon the submission of a controversy under sections 1279-1281 of the Code of Civil Procedure.
    
      Lewis L. Delafield for appellant.
    
      John J. Delany, Corporation Counsel (Theodore Connoly of counsel), for respondent.
   Judgment affirmed, with costs, on opinion below.

Concur : Cullen, Ch. J., Gray, O’Brien, Bartlett, Vann and Werner, JJ. Absent: Haight, J.  