In the Matter of the Application of The Mayor, Aldermen and Commonalty of the City of New York, Appellant, Relative to Acquiring Title to East One Hundred and Sixty-eighth Street; James A. Deering et al., Respondents

In the Matter of the Application of The Mayor, Aldermen and Commonalty of the City of New York, Appellant, Relative to Acquiring Title to East One Hundred and Sixty-eighth Street; James A. Deering et al., Respondents. Matter of the Mayor, 28 App. Div. 143, appeal dismissed. (Argued June 7, 1898; decided June 7, 1898.) Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 13, 1898, affirming an order of Special Term directing commissioners of estimate and assessment, appointed in the above-entitled proceeding, to determine the compensation which should be made to the respondents for the damage caused them by the closing of a part of Gerard avenue. Theodore Connoly and John P. Dunn for appellant. James A. Deering, respondent, in person. [MAJORITY] Appeal dismissed on argument, with costs.