In the Matter of the Application of the City of New York, Relative to Acquiring Title, etc., to Ely Avenue, from Jackson Avenue to Nott Avenue, in the First Ward, Borough of Queens, City of New York. Patrick Coleman, Appellant; The City of New York and Others, Respondents

In the Matter of the Application of the City of New York, Relative to Acquiring Title, etc., to Ely Avenue, from Jackson Avenue to Nott Avenue, in the First Ward, Borough of Queens, City of New York. Patrick Coleman, Appellant; The City of New York and Others, Respondents. [MAJORITY] Order reversed, with ten dollars costs and disbursements, and report of commissioners as to damage parcel No. 2 confirmed; and matter remitted to the Special Term with direction to pass upon the question of assessment for benefits. We think that there was no public easement (See Coleman v. City of New York, not reported), and that there was no sufficient proof to establish the existence of any private easement. Jenks, P. J., Rich, Putnam, Blackmar and Kelly, JJ., concur.