In re the City of New York — 253 A.D. 730

Majority

p. 730

In the Matter of the Application of The City of New York Relative to Acquiring Title Wherever the Same Has Not Been Heretofore Acquired for the Same Purpose in Fee to the Real Property Required for the Opening and Extending of East 45th Street from Cortelyou Road to Glenwood Road from the Southerly Right-of-Way Line of the Long Island Railroad to Avenue I, and from Kings Highway to Avenue L; in the Borough of Brooklyn, the City of New York. Mason & Hanger Company, Inc., Appellant; The City of New York and J. P. Duffy Company, Respondents.

So much of a final decree in the condemnation proceeding to open a street as reduces an award for damage parcel No. 139 from $9,211, as fixed in the tentative decree, to the sum of $457.50, unanimously affirmed, with costs. No opinion. Present —- Hagarty, Davis, Adel, Taylor and Close, JJ.