General
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 Opening and Extending Surf Avenue from West Fifth Street to West Thirty-seventh Street, in the Borough of Brooklyn, City of New York. South Brooklyn Railway Company, Appellant; Charles W. Berry, as Comptroller of The City of New York, Respondent
238 A.D. 862·New York Supreme Court, Appellate Division·1933·NY
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Opinion
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 Opening and Extending Surf Avenue from West Fifth Street to West Thirty-seventh Street, in the Borough of Brooklyn, City of New York. South Brooklyn Railway Company, Appellant; Charles W. Berry, as Comptroller of The City of New York, Respondent.
Affd., 262 N. Y. 652.
[MAJORITY]
Order denying motion to direct the comptroller to pay additional interest affirmed, with ten dollars costs and disbursements. No opinion. Hagarty, Tompkins and Davis, JJ., concur; Lazansky, P. J., and Seudder, J., dissent and vote for reversal.