
    Water Commissioners of the City of Binghamton, Appellants, v. The City of Binghamton et al., Respondents.
    
      Water Comrs. City of Binghamton v. City of Binghamton, 178 App. Div. 827, affirmed.
    (Argued. October 10, 1916;
    decided October 24, 1916.)
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court hi the third judicial department, entered May 15, 1916, which reversed an order of Special Term overruling a demurrer to the complaint and sustained such demurrer. The question to be determined was whether chapter 780 of the Laws of 1867 creating a board of water commissioners in the city of Binghamton was repealed by the provisions of the Second Class Cities Law (L. 1909, ch. 55) when the city of Binghamton became subject to the operation of that law.
    The following question was certified: “ Does the complaint herein state facts sufficient to constitute a cause of action ? ”
    
      George B. Curtiss for appellants.
    
      Maurice E. Page for respondents.
   Order affirmed, without costs, and question certified answered in the negative; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscocic, Chase, Collin, Cuddebaok, Hogan and Cardozo, JJ,  