Opinion
May 9, 1950.
Present — Peck, P.J., Dore, Callahan, Van Voorhis and Shientag, JJ.
Order unanimously reversed, with $20 costs and disbursements to the petitioner, and respondents' cross motion denied. We do not pass upon the question whether any actual damage was suffered, holding only, in the light of the condemnation award, that the petition is not insufficient in law. Settle order on notice.