Majority
p. 934In the Matter of the Application of the City of New York, Respondent, Relative to Acquiring Title, etc., for the Opening and Extending of Juniper Avenue, etc. The Brooklyn Heights Railroad Company and Another, Appellants.
Order, in so far as it confirms the assessment for benefit on parcel 260, reversed, with ten dollars costs and disbursements, on authority of People ex rel. New York, Westchester & B. R. Co. v. Waldorf ( 168 App. Div. 473 , 476), and it is directed that the report be returned to the commissioners, with instructions to strike out the disallowed assessment and redistribute the amount thereof upon the property subject to assessment. Jenks, P. J., Stapleton, Mills, Rich and Blackmar, JJ., concurred.