In the Matter of the Application of the City of New York, Relative to Acquiring Title, Wherever the Same Has Not Been Heretofore Acquired for the Same Purpose in Fee, to the Lands, Tenements and Hereditaments Required for the Purpose of Establishing a Public Beach between the Southerly Prolongation of the Easterly Side of Ocean Parkway and the Prolongation of the Westerly Line of West Thirty-seventh Street, etc. Theodore W. Kramer and Others, Appellants; The City of New York, Respondent

In the Matter of the Application of the City of New York, Relative to Acquiring Title, Wherever the Same Has Not Been Heretofore Acquired for the Same Purpose in Fee, to the Lands, Tenements and Hereditaments Required for the Purpose of Establishing a Public Beach between the Southerly Prolongation of the Easterly Side of Ocean Parkway and the Prolongation of the Westerly Line of West Thirty-seventh Street, etc. Theodore W. Kramer and Others, Appellants; The City of New York, Respondent. [MAJORITY] Motion for reargument denied. Present — Lazansky, P. J., Kapper, Hagarty, Seudder and Tompkins, JJ.