Majority
p. 903William Hanrahan, App’lt, v. Mayor, etc., of City of New York, Resp’t. Sup. Ct., 1 D., December 18, 1895.
L, E. Wa/rren, for app’lt; Jamies T. Malone; for resp't.
The dismissal of the complaint by the court at circuit was required by the decision of this court in Kelly v. Mayor, etc., 70 Hun, 208 ; 24 N. Y. Supp. 1 . The material facts in that case and in the one under revieew are precisely alike. The judgment should be affirmed, with costs. All concur.