
    The Barber Asphalt Paving Company, Appellant, v. The City of New York, Respondent.
    
      Barber Asphalt Paving Co. v. City of New York, 148 App. Div. 893, affirmed.
    (Argued March 6, 1914;
    decided March 24, 1914.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 8, 1912, 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 upon a contract for paving.
    
      L. Lapin Kellogg and Alfred O. Petté for appellant.
    
      Frank L. Polk, Corporation Counsel (Terence Farley of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Werner, His-cock, Chase, Collin and Hógan, JJ. Not sitting: Miller, J.  