Majority
p. 180In the Matter of the Application of The City of New York, Respondent, Relative to Acquiring Title to Real Property along Jamaica Bay, in the Borough of Brooklyn. Warren Leslie et al., Appellants. (Argued October 15, 1936; decided November 24, 1936.)
p. 181
John W. Davis, Daniel J. Kenefick and Luke W. Finlay for Warren Leslie et al, appellants.
p. 182
Francis S. Bensel, David Barnett and W. Frederick IKnecht for Central Hanover Bank and Trust Company et al., appellants.
A single question of power in the Supreme Court is involved in the certified question.
Upon this record we find no abuse (as matter of law) of the discretionary power of the Supreme Court. (Hatch v. Central Nat. Bank, 78 N. Y. 487 , 489; Matter of Tilden, 98 N. Y. 434 , 439; Ladd v. Stevenson, 112 N. Y. 325 .) This leads to an affirmance.
We leave the merits to be determined upon the new trial which has been granted.
The order should be affirmed, with costs, and the question certified answered in the affirmative.
Lehman, O’Brien, Hubbs, Crouch, Loughran and Pinch, JJ., concur; Crane, Ch. J., taldng no part.
Order affirmed, etc.
Cases cited
- Hatch v. Central National Bank 78 N. Y. 487 at 489 p. 182
- In re the Several Accountings of the Executors of Tilden 98 N. Y. 434 at 439 p. 182
- Ladd v. Stevenson 112 N. Y. 325 p. 182