Majority
p. 580In the Matter of the Application of Bank of Manhattan Trust Company, as Administrator, etc., of Helena Scheuermann, Also Known as Helena Stortz, Deceased, 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 Bronx, City of New York.
Order granting petitioner’s motion to the extent of referring the matter of petitioner’s claim to commissioners of estimate and assessment, appointed by order of this court dated April 13, 1934, to ascertain and determine the compensation which should justly be made to the petitioner for the damage, if any, sustained by reason of the closing of Old Third avenue, New York city, unanimously affirmed, with twenty dollars costs and disbursements to the respondent. No opinion. Present — Martin, P. J., MeAvoy, O’Malley, Townley and Glennon, JJ.