Majority
p. 560In the Matter of the Application of The Board of Transportation of New York, etc., Relative to Acquiring Title to Certain Real Property Located on the Southwest Corner of Sixth Avenue and West Forty-sixth Street, in the Borough of Manhattan, City of New York, for Route No. 101, Section No. 10, Required for Rapid Transit Purposes. The Board of Transportation of New York, Respondent; Joseph N. Early and Others, Appellants.
Order granting motion of petitioner to have the compensation to be paid to the owners or other persons interested in the real estate in this proceeding, ascertained and determined by the Supreme Court without a jury, affirmed, with twenty dollars costs and disbursements. Ho opinion. Present — Martin, P. J., McAvoy, O’Malley, Glennon and Cohn, JJ.; Glennon, J. dissents.