Judgment and order reversed, on the law, with costs, and complaint dismissed, with costs, on the ground that no contract or duty was established on the part of the city to maintain an outlet for plaintiff’s private sewer into the surface water drain of the city. (Kosmak v. Mayor, etc., 117 N. Y. 361, 368; 43 C. J. 1132, § 1892.) Van Kirk, P. J., Hinman, Davis, Whitmyer and Hill, JJ., concur.