Majority
p. 800In the Matter of the Application of Isaac E. Bermant and Others, Doing Business under the Firm Name and Style of Skinner & Bermant, Appellants, for an Order Directing the Comptroller of the City of New York to Pay to Them as Equitable Lienors or Owners as Equitable Assignees the Sum of $1,990.52 Out of the Award Made to A. P. W. Realty Corporation as Owner of Damage Parcels Nos. 215 and 216 in the Last Partial and Separate Final Decree of the Supreme Court, New York County, Dated January 9th, 1931, in a Certain Proceeding Entitled: “New York Supreme Court, First Department. In the Matter of the Application of the City of New York Relative to Acquiring Title * * * for the Widening of Chrystie Street from Canal Street to East Houston Street; Forsyth Street from East Houston Street to East Broadway; Hester Street, Broome Street, Rivington Street and Stanton Street from Chrystie Street to Forsyth Street, * * * in the Borough of Manhattan, City of New York.” Charles W. Berry, as Comptroller of the City of New York, and Others, Respondents.
Order reversed, with twenty dollars costs and disbursements, and the motion granted in so far as to appoint a referee to hear and report to the court at Special Term as to the validity and amount of any lien of the petitioners. No opinion. Settle order on notice. Present — Finch, P. J., Martin, O’Malley, Townley and Glennon, JJ.