135 N.Y.S. 259 | N.Y. App. Div. | 1912
This is an appeal from an order confirming the report of the commissioners of estimate and assessment in the above-entitled proceeding, so far as it affects a lot shown' on the damage map and known as parcel 63-a, and also shown on the assessment map for benefit as lot 183. This plot of ground is situated on the northwest corner. of Coney Island avenue and Avenue C. It has a frontage of approximately 100 feet on Coney Island avenue and of Y8 feet on Avenue 0. Upon the front of the plot and facing Coney Island avenue there are six buildings. Upon the corner is a three-story frame building, with a store on the ground floor and flats above. The adjoining buildings, five in number, áre stores one story in height, used for carrying on various trades and callings. Upon the rear of the plot is a frame stable and wagon shed. .. Between this and the buildings fronting on Coney Island avenue is an open space or courtyard used as an entranceway to the barn and shed, and also as a means of access from Avenue C to the rear of the one-story stores. ' All of the tenants of these stores have made use of this entrance or courtyard for their business, with one exception. In connection with the. opening of Avenue C, a
So much of the order as is appealed from should be reversed, with ten dollars costs and disbursements, - and the proceedings remitted to the commissioners to proceed in accordance with this opinion.
Hirschberg, Thomas, Carr and Woodward, JJ., concurred; Hirschberg, J., however, being of the opinion that the proceedings should be sent to new commissioners.
Order in so far as appealed from reversed, with ten dollars costs and disbursements, and proceedings remitted to the commissioners to proceed in accordance with opinion.