Majority
p. 843In the Matter of the Application of the City of New York, Appellant, Relative to Acquiring Title to Real Property Required for the Opening and Extending of East River Drive, and Approaches Thereto, in the Borough of Manhattan. Guy Cary et al., as Ancillary Executors of Robert W. Goelet, et al., Respondents. Argued November 30, 1948; decided January 13, 1949.
p. 845
John P. McGrath, Corporation Counsel (Reuben Levy, Harry E. O’Donnell and Benjamin Offner of counsel), for appellant.
Charles Lamb, Louis W. Dawson, Vincent Kerne and Walter L. Hophins for G-uy Cary and others, respondents.
Edward E. Clark and Leonard J .Reynolds for George Y. R. J. Innes-Ker, respondent.
Order affirmed, with costs to each respondent; no opinion.
Concur: Loughrah, Ch. J., Lewis, DesmoND, Dye and Fuld, JJ.