Majority
p. 632The Barber Asphalt Paving Company, Appellant, v. The City of New York, Respondent. (Argued March 6, 1914; decided March 24, 1914.)
Headnote
Barber Asphalt Paving Co. v. City of New York, 148 App. Div. 893 , affirmed.Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department,
p. 633
entered January 8, 1912, 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 a balance alleged to be due upon a contract for paving.
L. Lapin Kellogg and Alfred O. Petté for appellant.
Frank L. Polk, Corporation Counsel (Terence Farley of counsel), for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Willard Bartlett, Ch. J., Werner, His-cock, Chase, Collin and Hógan, JJ. Not sitting: Miller, J.