Majority
p. 508In the Matter of the Application of John L. Armstrong, as Sole Surviving Executor of John Armstrong, Deceased, Appellant, for a Peremptory Mandamus Order Directing Arthur J. W. Hilly, as Corporation Counsel, or Chief Law Officer of the City of New York, to Institute Proceedings Pursuant to Chapter 1006 of the Laws of 1895, and the Acts Amending the Same, to Determine the Compensation for the Damage by Reason of the Closing of Old Third Avenue, Formerly Old Fordham Avenue, in the Borough of the Bronx, City of New York.
Order denying motion to reconvene original commissioners of estimate and assessment to ascertain and determine damage which should be paid to estate of John Armstrong, resulting from closing by the city of part of old Third avenue, near Tremont avenue, unanimously affirmed, with twenty dollars costs and disbursements. No opinion. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.