In the Matter of the Application of the City of New York, Relative to Acquiring Title to the Elevated Railroad Structures, Tracks, Stations, Platforms, Stairways and Appurtenances of the Manhattan Railway Company, or by Whomsoever Owned, in East Forty-second Street, Constituting the Existing Forty-second Street Spur, in the Borough of Manhattan, City of New York, and Also to Acquire the Right to Extinguish All Rights, Easements and Franchises of Every Nature Whatsoever of Said Manhattan Railway Company or by Whomsoever Owned, to Construct, Maintain and Use Said Elevated Railroad Structures, Tracks, Stations, Platforms, Stairway and Appurtenances

In the Matter of the Application of the City of New York, Relative to Acquiring Title to the Elevated Railroad Structures, Tracks, Stations, Platforms, Stairways and Appurtenances of the Manhattan Railway Company, or by Whomsoever Owned, in East Forty-second Street, Constituting the Existing Forty-second Street Spur, in the Borough of Manhattan, City of New York, and Also to Acquire the Right to Extinguish All Rights, Easements and Franchises of Every Nature Whatsoever of Said Manhattan Railway Company or by Whomsoever Owned, to Construct, Maintain and Use Said Elevated Railroad Structures, Tracks, Stations, Platforms, Stairway and Appurtenances. [MAJORITY] Motion for leave to appeal to the Court of Appeals granted. Settle order on notice. Present — Finch, P. J., Merrell, Sherman and Townley, JJ. [See 238 App. Div. 832; post, p. 781.]