In re the City of New York

27 A.D.2d 715, 280 N.Y.S.2d 348, 1967 N.Y. App. Div. LEXIS 4838

Opinion

Order entered May 5, 1965, unanimously affirmed, without costs or disbursements. Decree so far as appealed from by New York Life Insurance Company, unanimously affirmed, under constraint of the so-called “ Spur Case” (Matter of the City of New York [Manhattan Ry. Co.], 229 App. Div. 617, 628 [1930]; 238 App. Div. 832, affd. 265 N. Y. 170, affd. sub nom. Roberts v. City of New York, 295 U. S. 264), with $50 costs and disbursements to the respondent. Appeals of intervenors assessees appellants other than New York Life Insurance Company are dismissed on the law (Administrative Code, § B15-22.0, cf. § B15-25.0; Matter of City of New York [Foster Ave.], 119 App. Div. 491), without costs or disbursements. Order entered July 28, 1966, unanimously affirmed, without costs or disbursements. Opinion Per Curiam [27 A D 2d 135]. Settle order on notice. Concur — Botein, P. J., Stevens, Tilzer and McNally, JJ.