Opinion
Argued February 9, 1931
Decided May 12, 1931
Appeal from the Supreme Court, Appellate Division, First Department.
Arthur J.W. Hilly, Corporation Counsel ( Joel J. Squier and Edward A. Weingarten of counsel), for appellant.
Nathan L. Goldstein and George Schenker for respondents.
Orders modified by deducting the amount of the award under claim No. 43 on the ground that there is no evidence that the property covered by that award was taken by the city, and as modified affirmed, with costs to the successful respondents; no opinion.
Concur: CARDOZO, Ch. J., POUND, LEHMAN and HUBBS, JJ. CRANE, KELLOGG and O'BRIEN, JJ., dissent and vote to reverse.