Majority
p. 883In the Matter of the Application of The Corporation Counsel of the City of New York for the Appointment of Commissioners of Estimate and Assessment to Ascertain and Determine the Compensation Which Should Justly Be Made to Certain Owners Abutting on Celtic Avenue Legally Entitled to Damage Caused by the Closing of Celtic Avenue, Otherwise Known as Mott’s Road and Road to Calvary Cemetery, in the Borough of Queens, City of New York. The City of New York and George P. Nicholson, Corporation Counsel, Appellants; Irish American Athletic Club, Respondent.
Order confirming final report of commissioners of estimate and assessment reversed upon the law and the facts, without costs, and matter remitted to the Special Term for the appointment of new commissioners for rehearing, upon the ground that the award is excessive. Lazansky, P. J., Kapper and Scudder, JJ., concur; Hagarty and Seeger, JJ., dissent and vote to affirm.