Majority
p. 760In the Matter of the Application of The City of New York, Relative to Acquiring Title, etc., for the Purpose of Opening and Extending Linden Boulevard (Deehan Avenue, Lorraine Avenue and Hegeman Avenue), from Remsen Avenue to South Conduit Avenue, as Now Laid Out upon the Map or Plan of the City of New York, Subject to the Rights, if Any, of the Long Island Railroad Company, Excluding Property Occupied by the Interborough Rapid Transit Company between Elton Street and Linwood Street and Excluding Property Occupied by the New York Rapid Transit Corporation in Van Sinderen Avenue; and for the
p. 761Acquisition of Title to the Real Property Required for the Public Place, Bounded by Linden Boulevard, Linden Avenue and East Ninety-first Street; the Public Place, Bounded by Linden Boulevard, Church Avenue and East Ninety-second Street; the Public Place, Bounded by Linden Boulevard, Church Avenue and East Ninety-fourth Street, and the Public Place, Bounded by Linden Boulevard, Eighty-third Street and South Conduit Avenue, Boroughs of Brooklyn and Queens, City of New York. Butler Mellet Realty Company, Appellant; The City of New York and C. E. & J. S. Co., Inc., Respondents.
Decree, in so far as it affects damage parcels Nos. 294, 296,1200,1201 and 1207, unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Hagarty, Carswell, Seudder and Tompkins, JJ.