Opinion
March, 1905.
Motion to resettle order granted. Motion for reargument denied. Motion for leave to appeal to the Court of Appeals granted, and question certified as follows: Is chapter 610 of the Laws of 1903, so far as it may be construed to make the town of Eastchester liable for damages sustained through a change of grade made prior to the enactment of that act, unconstitutional and vold? Hirschberg, P.J., Bartlett, Jenks, Rich and Miller, JJ., concurred.