In re the City of New York — 121 A.D. 919

Majority

p. 919

In the Matter of the Application of the City of New York, Appellant, Relative to Acquiring Title, etc., to a New Street Between Bayview Avenue and Eldert Avenue, etc., in the Fifth Ward, Borough of Queens, City of New York. Philip Closs and Others, Respondents.

The order does not open a default, but in effect reviews and reverses the order confirming the report of the commissioners of estimate and assessment. AsideTrom the question of power, we do not think the papers presented justified the action of the court at Special Term. The order is reversed, with ten dollars costs and disbursements, and the motion denied, with costs. Hirschberg, P. J., Woodward, Hooker and Rich, JJ., concurred.