In the Matter of the Application of the Board of Street Opening and Improvement of the City of New York to Acquire Title to Perry Avenue from the Southern Boulevard to Mosholu Parkway in the City of New York. James Dunne, Appellant; The City of New York et al., Respondents

In the Matter of the Application of the Board of Street Opening and Improvement of the City of New York to Acquire Title to Perry Avenue from the Southern Boulevard to Mosholu Parkway in the City of New York. James Dunne, Appellant; The City of New York et al., Respondents. Matter of Perry Avenue, 82 App. Div. 636, affirmed. (Argued June 3, 1903; decided June 23, 1903.) Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 15,1903, which affirmed an order of Special Term confirming the report of commissioners-of estimate and assessment herein. Charles W. Dayton and John J. Clark for appellant. George L. Rives, Corporation Gov/nsel {Theodore Connoly, John P. Dunn and Thomas C. Blake of counsel), for City of New York, respondent. John C. Shaw for Thomas Dunn respondent. [MAJORITY] Order affirmed, with costs; no opinion. Concur: Parker, Ch. J., Gray, O’Brien, Bartlett, Haight, Cullen and Werner, JJ.