Appellate Division of the Supreme Court of the State of New York July 17, 1900 (Wendel v. Mayor of New York)

INGRAHAM, J.

This action was argued with the case of Wallace v. City of New York (decided herewith) 65 N. Y. Supp. 855, and presents the same question that was there determined. For the reasons stated in the opinion in that case, the exceptions' are overruled, and motion for a new trial denied, with costs.

VAN BRUNT, P. J., and MeLAUGHLIN and HATCH, JJ., concur. O’BRIEN, J., not voting.