Majority
p. 1148In the Matter of the Claim of John TOOMEY, applt., v. VILLAGE OF BLASDELL, etc., respt. (Supreme Court, Appellate Division, Fourth Department. December 8, 1915.)
Order reversed with costs and matter remitted to the Special Term for the appointment of commissioners of appraisal upon the authority of Staub v. Village of Mamaroneck, 165 App. Div. 755 , 151 N. Y. Supp. 485 . All concur, except Kruse, P. J., who dissents upon the grounds stated. in his dissenting memorandum in the case of Matter of Lester v. Village of Blasdell, 167 App. Div. 947 , 151 N. Y. Supp.
Cases cited
- Staub v. Village of Mamaroneck 165 App. Div. 755 p. 1148