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Pentz v. Hutton

83 N.Y. Sup. Ct. 610 Court N.Y. Gen. Term English

Judges Present — Van Brunt, P. J., O’Brien and Follett, JJ.

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p. 610
In the Matter of Opening St. Nicholas Terrace; John F. Pentz and Others, Petitioners, Respondents, v. William R. Hutton and Others, Executors, Appellants.

Order reversed and the case sent back to the referee in order that an apportionment may be made, with costs to appellants to be paid out of the award.—

For the reasons assigned in the opinion in the Matter of Opening St. Nicholas Terrace (Ira Shafer, Claimant), herewith decided, 'the order herein should be reversed and tbe case sent back to the referee for the purposes mentioned in that opinion, with costs to appellants to be paid out of the award.

Present — Van Brunt, P. J., O’Brien and Follett, JJ.