Majority
p. 771In the Matter of the Petition of Samuel Cohen and Others, Respondents, for a Determination of the Amount of Damage Sustained by Them by Reason of the Change of Grade of the Public Highway Known as the Boston Post Road, in the Village of Mamaroneck, Westchester County, New York, Appellant.[1]
Order striking out the two separate defenses contained in the answer of defendant village of Mamaroneek and appointing commissioners to ascertain and determine damage affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Young, Scudder, Tompkins and Davis, JJ., concur.