Majority
p. 1085In the Matter of the Application of Hammel Station Estates, Inc., Appellant, for a Declaratory Judgment against The Long Island Rail Road Company, Separately and the Successor in Interest to The New York and Rockaway Beach Railway Company; William G. Fullen, Chairman, Reuben L. Haskell and M. Maldwin Fertig, Transit Commissioners, Constituting The Transit Commission of the State of New York; The State of New York and The City of New York, Respondents.
Action for a declaratory judgment. Orders granting respective motions of respondents The Long Island Rail Road Company, The Transit Commission of the State of New York, and The City of New York, to dismiss the complaint pursuant to rule 106, Rules of Civil Practice, affirmed, with ten dollars costs and disbursements to each respondent. Order granting motion of respondent State of New York to dismiss the complaint pursuant to rule 106, Rules of Civil Practice, and judgment entered thereon, unanimously affirmed, with ten dollars costs and disbursements. No opinion. Present — Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ.