
    The City of New York, Appellant, v. James Nickas, Respondent.
    
      New York city — bid for privilege of maintaining stand on Brooklyn Bridge — action by city to recover for refusal to enter into contract — authority of city officials to execute contract.
    
    
      City of New York v. Nickas, 212 App. Div. 810, affirmed.
    (Submitted October 13, 1925;
    decided October 27, 1925.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 26, 1925, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint and a verdict directed by the court upon defendant’s counterclaim. The action was to recover the difference between the amount of defendant’s bid for the privilege of maintaining and operating a stand upon the Brooklyn Bridge and the highest amount bid upon a resale of such privilege after refusal of defendant to execute a contract in conformance therewith. Defendant counterclaimed for the amount deposited With his bid. The trial court held that the commissioner of bridges of the city of New York had no power to make or execute the contract in question.
    
      George P. Nicholson, Corporation Counsel (Willard S. Allen and Isaac F. Cohen of counsel), for appellant.
    
      Francis Colety for respondent.
   Judgment affirmed, with costs, on the ground the stand in question is an obstruction to public travel.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  