
    J. Frank Wright, Respondent, v. The City of Mount Vernon, Appellant.
    (Argued February 1, 1901;
    decided May 10, 1901.)
    
      Wright v. City of Mount Vernon, 44 App. Div. 574, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, made November 21, 1899, reversing a judgment in favor of defendant entered upon the report of a referee and granting a new trial.
    
      William J. Marshall for appellant.
    
      Milo J. White for respondent.
   Order affirmed and judgment absolute ordered for plaintiff on the stipulation, with costs; no opinion.

Concur: Parker, Ch. J., Gray, O’Brien, Martin and Vann, JJ. Dissenting: Bartlett, J. Not sitting: Werner, J.  