
    Abraham R. Van Nest, Appellant, v. The Mayor, Aldermen and Commonalty of the City of New York, Respondent.
    (Argued March 28, 1889;
    decided April 16, 1889.)
    Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made April 8, 1886, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term.
    
      George G. Munger for appellant.
    
      William C. Turner for respondent.
   Agree to affirm on decisions in Diefenthaler v. Mayor, etc., (111 N. Y. 331) and Phelps v. Mayor, etc. (112 id. 216); no opinion.

All concur.

Judgment affirmed.  