Majority
p. 826Jasper A. Campbell, Appellant, v. The City of New York; The Board of Transportation of the City of New York; and John H. Delaney and Others, Constituting the Board of Transportation of the City of New York; The Board of Estimate and Apportionment of the City of New York; and James J. Walker and Others, Constituting the Board of Estimate and Apportionment of the City of New York; Charles W. Berry, Comptroller of the City of New York; George P. Nicholson, Corporation Counsel of the City of New York; and Robert Ridgway, Chief Engineer of the Board of Transportation of the City of New York, Respondents.
Judgment and orders affirmed, with costs, on the opinion of Levy, J., at Special Term.[1] Present — Clarke, P. J., Dowling, Finch, McAvoy and Martin, JJ.; Martin, J., dissents.
* Opinion of Levy, J., rendered in Morse v. Delaney ( 128 Misc. 317 ), a companion case.—• [Rep.