Majority
p. 766In re ST. NICHOLAS TERRACE. In re PENTZ et al. In re HUTTON et al. (Supreme Court, General Term, First Department. February 16, 1894.)
Headnote
Appeal from special term, New York county.Proceeding to determine the title of certain awards made in proceeding to ■open St. Nicholas terrace. From an order confirming the report of the ref■eree, William R. Hutton and others, executors, appeal. Reversed.
p. 767Argued before VAN BRUNT, P. J., and O’BRIEN and FOLLETT, JJ.
John O. Shaw, for appellants.
James A. Deering, for respondents.
For the reasons assigned in the opinion in Re. Opening St. Nicholas Terrace, 27 N. Y. Supp. 765 , (herewith decided,) the should be reversed, and the case sent back to the referee for the purposes mentioned in that opinion, with costs to appellants, to be paid out of the award.