MATTER OF CITY OF NEW YORK, 218 N.Y. 721 (1916)

113 N.E. 1050

In the Matter of the Application of the CITY OF NEW YORK, Respondent, Relative to Acquiring Title to Lands Required for the Opening of Belmont Avenue. BAZENA T.D. MERRIMAN, Appellant.

Court of Appeals of the State of New York.Argued May 24, 1916
Decided June 16, 1916

Page 722

George Lawyer, Charles Harwood and Henry T. Randall for appellant.

Lamar Hardy, Corporation Counsel (Joel J. Squier and John J. Kearney of counsel), for respondent.

Order affirmed, with costs, without prejudice to the petitioner’s remedy by action against the city or against Caroline Wedinger; no opinion.

Concur: WILLARD BARTLETT, Ch. J., HISCOCK, CHASE, CUDDEBACK, HOGAN, CARDOZO and POUND, JJ.