
    DALE v. CITY OF NEW YORK.
    (Supreme Court, Appellate Division, First Department.
    April 11, 1902.)
    Action by Chalmers Dale, as trustee of Carrie R. Dale, against the city of New York. Judgment overruling defendant’s demurrer to the complaint, and defendant appeals. Affirmed. David Rumsey, for appellant. Truman H. Baldwin, for respondent.
   PER CURIAM.

For the reasons assigned in the opinion in the case of Dale v. City of New York (decided herewith) 75 N. Y. Supp. 576, the interlocutory judgment should be affirmed, with costs, and with leave to defendant to withdraw demurrer, and answer, upon payment of the costs of the appeal and of the demurrer.

VAN BRUNT, P. J. I dissent.

I am of the opinion that proceedings were necessary to vacate the assessment and that no right of action existed until such proceedings resulted in a final order. No demand having been made after the proceedings which were taken had resulted in such final order, no right of action had accrued.  