Majority
p. 841In the Matter of the Application of The Corporation Counsel of the City of New York for the Appointment of Commissioners of Estimate and Assessment, to Ascertain and Determine the Compensation Which Should Justly Be Made to Certain Property Owners Legally Entitled to Damages Caused by the Closing of Old Third Avenue (Formerly Old Fordham Avenue) in Blocks 2920, 2921, 2922, 2923 and 2924, in the Borough of the Bronx, City of New York. John L. Armstrong, as Executor, etc., of John Armstrong, Deceased, Appellant; The City of New York, Respondent.
Order unanimously affirmed, with costs and disbu sements to the respondent, without prejudice to the cross-appeal of the city subsequently to be perfected. No opinion. Present — O’Malley, Townley, Glennon, Dore and Callahan, JJ.