City of New York v. Central Park, North & East River Railroad

Majority

p. 548

The City of New York, Respondent, v. Central Park, North and East River Railroad Company, Appellant, and Adrian H. Joline et al., as Receivers of Metropolitan Street Railway Company et al., Respondents.

Headnote

City of New York v. Central Park, N & E. R. R. R. Co., 149 App. Div. 944 , affirmed.

(Submitted March 20, 1913;

decided April 4, 1913.)

Appeal from a judgment of the Appellate Division of the Supreme Court in. the first judicial department,' entered April 16, 1912, affirming a judgment in favor of

p. 549

plaintiff against defendant appellant and dismissing the complaint as to defendants respondents, entered upon a decision of the court at a Trial Term without a jury in an action to recover the cost of repaving in and about the railroad tracks of the defendant appellant in certain streets in the city of New York.

Chase Mellen for appellant.

*Archibald R. Watson, Corporation Counsel {Terence Farley and Frank B. Pierce of counsel), for plaintiff respondent.

Arthur H. Masten, Ellis W. Leavenworth and Matthew C. Fleming, for defendants respondents.

Judgment affirmed, with costs; no opinion.

Concur; Cttt,ten, Oh. J., Werner, Hiscock, Collin and Cuddebaok, JJ. Not sitting: Gray and Miller, JJ.