Majority
p. 682
In the Matter of the Application of the Transit Construction Commissioner Acting for and on Behalf of the City of New York, Appellant, etc., Relative to Acquiring an Estate in Fee Simple Absolute, in and to Certain Premises Situated on the South Side of New Lots Avenue, etc. Matilda Sussman and Others, Respondents.
Final order reversed on the law, and matter remitted to the Special Term for rehearing, with costs to the appellant City of New York to abide the event. We think the court should have received the evidence offered by the city as to the benefits as an offset to consequential damages. What its effect might be was to be determined by the court in its final decision. Kelly, P. J., Kelby and Young, JJ., concur; Manning and Kapper, JJ., dissent.