In the Matter of the Application of The Board of Transportation of The City of New York, etc., Relative to Acquiring an Estate in Fee Simple in Certain Real Property and a Permanent, Perpetual and Exclusive Underground Right, Easement and Right of Way in, through and under Certain Other Real Property for the Construction, Maintenance and Operation in Perpetuity of a Rapid Transit Railroad Situated on and near the Southerly Side of West Fifty-third Street between Seventh Avenue and Sixth Avenue, and on the Westerly Side of Sixth Avenue between Fifty-third and Fifty-second Streets, in the Borough of Manhattan, City of New York

In the Matter of the Application of The Board of Transportation of The City of New York, etc., Relative to Acquiring an Estate in Fee Simple in Certain Real Property and a Permanent, Perpetual and Exclusive Underground Right, Easement and Right of Way in, through and under Certain Other Real Property for the Construction, Maintenance and Operation in Perpetuity of a Rapid Transit Railroad Situated on and near the Southerly Side of West Fifty-third Street between Seventh Avenue and Sixth Avenue, and on the Westerly Side of Sixth Avenue between Fifty-third and Fifty-second Streets, in the Borough of Manhattan, City of New York. [MAJORITY] Decree so far as appealed from affirmed, with costs and disbursements to respondent. No opinion. Present — Finch, P. J., Merrell, MeAvoy, Martin and Sherman, JJ.