Opinion
Submitted October 14, 1952
Decided October 23, 1952
Appeal from the Supreme Court, Appellate Division, First Department, EDER, J.
Orrin G. Judd and Theodore Miller for motion.
Denis M. Hurley, Corporation Counsel ( Harry E. O'Donnell and Samuel K. Handel of counsel), opposed.
Motion granted and appeal dismissed, with costs and $10 costs of motion. The ruling in Matter of City of New York ( Whitestone Bridge Approach) ( 293 N.Y. 684) is applicable to the condemning authority as well as to the owners of the property condemned.