In re City of New York — 110 N.Y.S. 1124

Majority

p. 1124

In re CITY OF NEW YORK.

(Supreme Court, Appellate Division, Second Department.

April 24, 1908.)

Headnote

Appeal from Special Term, Westchester County. Condemnation proceeding by the city of New York to acquire property for a dam and reservoir, under Laws 1883, c. 490, and layvs amendatory thereof. From an order taxing commissioners’ fees and expenses, the city appeals. Affirmed. See 56 Mise. Rep. 311, 106 N. Y. Supp. 1003 .

H. T. Dykman, for appellant.

Michael J. Tierney, for respondents.

These commissioners,'under the provisions of chapter 725, p. 2051, Laws 1905, have been awarded $2,000 each in a condemnation proceeding. The city of New York appeals. The commissioners claimed $3,000 each. An affidavit on behalf of the city suggested $1,000 each, with a possible $1,250. The court allowed $2,000 each. While this amount seems large for the amount of work shown by the record, there are not sufficient facts before us to 'justify the conclusion that there is an abuse of the judicial discretion vested in the court at Special Term. Without desiring to establish a precedent for future cases, where' the matters are more fully presented to the court, we are not disposed to reverse the order before us.