Majority
p. 954In the Matter of the Application of the City of New York, Respondent, Relative to Acquiring Title, etc., for the Opening and Extending of the Public Playground, etc., Borough of Brooklyn, City of New York. New York Consolidated Railroad Company and Another, Appellants.
— Order in so far as appealed from reversed, without costs, on authority of Matter of City of New York, Juniper Avenue ( 177 App. Div. 934 ), and report returned to the commissioners, with instructions to strike out the assessments for benefits levied upon parcels 6,000, 6,030, 6,038, 6,892 and 6,893, and to readjust the assessments accordingly. Jenks, P. J., Stapleton, Mills, Rich and Putnam, JJ., concurred.