In re the City of New York , 266 A.D. 795 ( 1943 )

Carswell, Johnston, Adel and Lewis, JJ., concur; Hagarty, J., dissents and votes to reverse the decree insofar as appealed from, to sustain appellant’s objections to the second partial and separate tentative decree, and to direct a hearing of the claim and an award for such damages as appellant may have sustained, with opinion.