General
In the Matter of the Application of The City of New York to Acquire Title Wherever the Same Has Not Been Heretofore Acquired for the Purpose of Establishing Thereon a Public Beach to All Land and Land under Water Not Heretofore Acquired by The City of New York from Jacob Riis Park to Beach Second Street, Rockaway, Queens County, etc. In the Matter of the Application of Charles S. Noyes and Others, for an Order Ascertaining and Determining the Person and/or Persons Entitled to Receive the Award Made in Respect to Damage Parcel 480 in the Above Proceeding, and/or Any Part or Parts Thereof. Meyer Blumberg, Appellant; Charles S. Noyes, Morris Stadler and Isidore Witkind, Respondents
248 A.D. 758·New York Supreme Court, Appellate Division·1936·NY
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Opinion
In the Matter of the Application of The City of New York to Acquire Title Wherever the Same Has Not Been Heretofore Acquired for the Purpose of Establishing Thereon a Public Beach to All Land and Land under Water Not Heretofore Acquired by The City of New York from Jacob Riis Park to Beach Second Street, Rockawav, Queens County, etc. In the Matter of the Application of Charles S. Noyes and Others, for an Order Ascertaining and Determining the Person and/or Persons Entitled to Receive the Award Made in Respect to Damage Parcel 480 in the Above Proceeding, and/or Any Part or Parts Thereof. Meyer Blumberg, Appellant; Charles S. Noyes, Morris Stabler and Isidore Witkind, Respondents.
[MAJORITY]
Order entered April 30, 1935, granting reargument, and on reargument rescinding and annulling an opinion of the court, directing that the award for damage parcel 480 be paid to respondent Stadler subject to the lien of respondent Noyes, denying appellant’s application to fix the amount due him against the award, dismissing Ms claim and directing the payment of $5,500 to respondent Noyes and the balance to respondent Stadler; order dated May 20, 1935, denying appellant’s motion to vacate said order, and order dated May 20, 1935, denying motion to resettle it, affirmed, -with ten dollars costs and disbursements. No opimon. Lazansky, P. J., Carswell, Davis, Adel and Taylor, JJ., concur.