Majority
p. 890In the Matter of the Petition of Margaret A. Atherton, Respondent, for the Determination of the Amount of Damages Sustained by Her by Reason of a Change of Grade in Main Street in the Village of Allegany, Appellant.
Order reversed on the law, with ten dollars costs and disbursements, objections sustained and proceeding dismissed, with costs on the authority of Askey & Hager, Inc., v. State of New York ( 266 N. Y. 587 , affg. 240 App. Div. 451 ), All concur. (The order, as amended, overruled objections to appointment of commissioners.) Present — Sears, P. J,, Taylor, Thompson, Crosby and Lewis, JJ,
Cases cited
- Askey & Hager, Inc. v. State 266 N. Y. 587 p. 890