Opinion
Argued January 16, 1940
Decided February 27, 1940
Appeal from the Supreme Court, Appellate Division, Fourth Department.
Alton R. Erickson for appellant.
Samuel S. Edson for Benedett Senprevivo et al., respondents.
Judgment affirmed, with costs, on the ground that yard or inclosure sought to be taken was necessary to the use and enjoyment of buildings and that the owner's consent was not obtained as provided for in section 464 of the Education Law. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY and CONWAY, JJ. Taking no part: SEARS and LEWIS, JJ.