In re City of New York — 216 N.Y. 642

Majority

p. 642

In the Matter of the Application of the City of New York, Respondent, Relative to Acquiring Title to Lands Required for the Opening of West 184th Street and Overlook Terrace. Jonas M. Libby et al., Appellants; James G. Bennett, Respondent.

Headnote

Matter of City of New York (West l84th Street), 165 App. Div. 356 , affirmed.

(Argued September 28, 1915;

decided October 12, 1915.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 11, 1915, which reversed an order of Special Term denying a motion to confirm the report of commissioners of assessment in street opening proceedings and granted said motion. The question presented by the appeal is whether the method of assessment adopted by tíie com mission em resulted in assessments representing the

p. 643

proportionate benefit which the lands of the appellants derived from the improvement.

Albert S. Wright and Tompkins McIlvaine for appellants.

Louis H. Hahlo, Corporation Counsel (Joel J. Squier and John J. Kearney of counsel), for city of New York, respondent.

Robert W. Candler for James G. Bennett, respondent.

Order affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch., J., Chase, Collin, Cuddeback, Hogan, Seabury and Pound, JJ.