Majority
p. 998In 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 Lands, Tenements and Hereditaments, Required for the Purpose of Opening and Extending Clarendon Road, from East 40th Street to East 49th Street, and from Kings Highway to the Junction of Ralph Avenue and Ditmas Avenue, in the Borough of Brooklyn, City of New York. The City of New York, Respondent; Loesch-Ganz Realty Co., Inc., Appellant.
Order directing appellant to malee restitution of an award paid to it or its assignees by the city of New York, pursuant to a decree which was thereafter vacated, affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Hagarty, Johnston, Adel and Taylor, JJ., concur. [165 Mise. 626.]