Boller v. City of New York — 194 N.Y. 595

Majority

p. 595

Alfred P. Boller, Appellant, v. The City of New York, Respondent.

Headnote

Boiler v. City of New Toth, 134 App. Div. 930 , affirmed.

(Argued February 11, 1909;

decided March 2, 1909.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered Feb

p. 596

ruary 26, 1908, 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 for an alleged breach of contract for services.

L. Laflin Kellogg and Franklin Nevius for appellant.

Francis K. Pendleton, Corporation Counsel (Theodore Connoly and Terence Farley of counsel), for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Haight, Vann, Werner, Hiscock and Chase, JJ. Hot voting: Willard Bartlett, J.