Opinion
September, 1916.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, upon the ground that the requirement of notice of claim in section 94 of the Railroad Law is applicable to the abutting owner claimant, and that the requirement of filing claim with the corporation counsel, contained in section 3 of article 6 of the supplemental charter of the city of Yonkers is applicable to each abutting owner claimant, and that each such owner, by failing to so file his claim within the period of six weeks as provided by said section, waives his such claim. Jenks, P.J., Carr, Stapleton, Mills and Rich, JJ., concurred.