Majority
p. 717In the Matter of the Application of the City of New York, Acting by and Through the Commissioner of Docks, Relative to Acquiring Right and Title to and Possession of Certain Real Property, etc., Necessary to Be Taken and Acquired for the Improvements of the Waterfront and Harbor of the City of New York on Upper New York Bay, between the Center Line of Wakeman Place and the Northerly Line of Property Now Owned by the City of New York, Distant about 545 Feet South of the Center Line of Wakeman Place, in the Borough of Brooklyn, City of New York, Pursuant to a Certain Plan Determined upon by the Commissioner of Docks, on January 19, 1920, and Approved and Adopted by the Commissioners of the Sinking Fund on February 19, 1920. The City of New York, Appellant; Frank C. B. Page and Others, Executors and Trustees, etc., of Eva M. B. Lane, Deceased, Respondents.[1]
Order confirming report of official referee and taxing respondents’ disbursements affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Young and Hagarty, JJ., concur; Carswell and Scudder, JJ., dissent upon the ground that much of the work was unnecessary and inexcusable, and that for the work necessary to be done the amount allowed was grossly excessive, and vote to reduce the amount to $10,000.