232 A.D. 698 | N.Y. App. Div. | 1931
Orders reversed upon the law and the facts, with costs; motion of the petitioners for the condemnation of the defendant’s real property denied, with costs; motion to confirm the report of the commissioners dismissed, with costs. The issue of necessity was presented by the pleadings and was properly tried by the learned Special Term (Condemnation Law, § 4
Amd. by Laws of 1926, chap. 612.— [Rep.