Opinion
Argued January 14, 1926
Decided February 24, 1926
Appeal from the Supreme Court, Appellate Division, Fourth Department.
Frederick C. Rupp, Corporation Counsel ( Frank C. Westphal of counsel), for City of Buffalo et al., appellants.
William S. Rann for Farrel Foundry and Machine Company, Inc., appellant.
Roscoe R. Mitchell and Preston M. Albro for respondent.
Judgments reversed and complaint dismissed, with costs in all courts, on authority of Western New York Water Co. v. City of Buffalo ( 242 N.Y. 202); no opinion.
Concur: HISCOCK, Ch. J., CARDOZO, POUND, McLAUGHLIN, CRANE, ANDREWS and LEHMAN, JJ.