Majority
p. 1138In re SPENCER PLACE. (Supreme Court, Appellate Division, First Department. November 21, 1902.)
Headnote
Motion by the commissioners of estimate and assessment for an order taxing fees and costs in a proceeding by the city of New York to acquire title to Spencer Place. From a judgment in favor of petitioners, the city appeals.Reversed.
John P. Dunn, for appellant. John F. O’Ryan, for respondent.
For the reasons stated in the opinion in Re Spofford Ave. (herewith decided) 78 N. Y. Supp. 726 , this order must be reversed, and the motion sent back for a rehearing at special term, without costs to either party on this appeal.