| N.Y. App. Div. | Jul 15, 1908
Order confirming report of commissioners reversed, report of commissioners set aside and rehearing ordered before a new commission to be appointed by the Special Term, costs to abide the ultimate award of costs in the proceeding. Held, that incompetent evidence on the question of damages was received by the commissioners and that the damages were excessive. All concurred, except McLennan, P. J., and Robson, J., who dissented and voted for affirmance.