Majority
p. 899In the Matter of the Opening of Arthur Avenue from Tremont Avenue to Pelham Avenue. Joseph A. Flannery, Appellant; Empire City Savings Bank, Respondent.
Headnote
Appeal from an order directing the payment of an award to the respondent.On the authority of Matter of Opening Crescent Avenue ( 183 N. Y. 14 ) the order appealed from should be reversed, with ten dollars costs and disbursements, and the issues raised by the petition and'affidavit remitted to the Special Term to pass upon the same. Present — O'Brien, P. J., Patterson, McLaughlin, Laughlin and Clarke, JJ. Order reversed, with ten dollars costs and disbursements, and case remitted as stated in opinion. Settle order on notice.
Cases cited
- In re the Opening of Crescent Avenue 183 N. Y. 14 p. 899