178 N.E. 786

HYDRAULIC RACE COMPANY, Respondent, v. FREDERICK S. GREENE, Individually and as Superintendent of Public Works of the State of New York, et al., Appellants, Impleaded with Others.

Court of Appeals of the State of New York.Argued June 15, 1931
Decided July 15, 1931

Appeal from the Supreme Court, Appellate Division, Third Department.

Page 541

John J. Bennett, Jr., Attorney-General (Paul Shipman Andrews and Charles A. Russell of counsel), for appellants.

Henry W. Killeen, Warren Tubbs and Francis J. Maloney for respondent.

Judgment affirmed, with costs; no opinion.

Concur: CARDOZO, Ch. J., CRANE, LEHMAN, KELLOGG, O’BRIEN and HUBBS, JJ. Not sitting: POUND, J.

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