In re Bensel — 137 N.Y.S. 1111

Majority

p. 1111

In re BENSEL et al.

(Supreme Court, Appellate Division, Second Department,

November 1, 1912.)

Headnote

In the matter of the application and petition of John A. Bensel and others to acquire real estate, etc., in the towns of Mt. Pleasant and Greenburgh, etc., Southern Aqueduct Department, Consolidated Sections Nos. 15 and 17.

Order, in so far as appealed from, reversed, with $10 costs and disbursements, upon the authority of In the Matter of Simmons, Hill View Reservoir, Section 1, Parcel 5, 151 App. Div. 445 , 135 N. Y. Supp. 921 , and proceeding remitted to the Special Term to consider the application upon the merits. See, also, 137 N. Y. Supp. 374 .

HIRSGHBERG, J., dissents.