Majority
p. 839In 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 Public Park Located between Beach Channel Drive and the United States Bulkhead Line of Jamaica Bay and between Lines Which Are Approximate Prolongations of the Westerly Sides of Beach 116th Street and Beach 124th Street, in the Borough of Queens, City of New York. Bank of United States in Liquidation and Others, Appellants; Samuel Frank and City of New York, Respondents.
Appeal from a supplemental and amended final decree in a condemnation proceeding in so far as it directs, after deducting unpaid taxes and payment of the first mortgage in full, the payment to the second mortgagee of the balance of the condemnation award for Damage Parcels 9-13, inclusive. Decree, in so far as appealed from unanimously affirmed, with costs. The trier of the fact was free to find there was both presumptive and actual consideration for the second mortgage running to the corporate owner of the property. That corporate owner likewise is estopped to assert the contrary. Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ.