In the Matter of the Application of The City of New York Relative to Acquiring Title Wherever the Same Has Not Been Heretofore Acquired for the Same Purpose in Fee to the Real Property Required for the Addition to Upland Park Bounded by Upland Park as Heretofore Acquired, Eighty-fifth (Glenn) Avenue, Chapin Parkway and Upland Parkway (Gothic Drive), in the Borough of Queens, City of New York. The City of New York and Others, Appellants: Lena Bernstein and William C. Reid, Respondents

In the Matter of the Application of The City of New York Relative to Acquiring Title Wherever the Same Has Not Been Heretofore Acquired for the Same Purpose in Fee to the Real Property Required for the Addition to Upland Park Bounded by Upland Park as Heretofore Acquired, Eighty-fifth (Glenn) Avenue, Chapin Parkway and Upland Parkway (Gothic Drive), in the Borough of Queens, City of New York. The City of New York and Others, Appellants: Lena Bernstein and William C. Reid, Respondents. [MAJORITY] Final decree, in so far as the same relates to awards made for damage parcels Nos. 1, 2 and 3, reversed on the law and the facts, without costs, and rehearing ordered. The court is of opinion that these awards are excessive, both as to the lands taken for damage parcels Nos. 1 and 2 and the consequential damage awarded for the taking of damage parcel No. 3. Upon such rehearing there should be a finding whether the award is considered on the basis of the existence as public streets of Chapin parkway, Gothic drive and Upland parkway, or otherwise. In determining this appeal we have not considered the affidavit on pages 56 to 61 of the record. Lazansky, P. J., Young, Kapper, Hagarty and Tompkins, JJ., concur.