
    The People’s Trust Company and Another, as Executors, etc., of Kate Duryea, Deceased, and Others, Appellants, v. The City of New York, Respondent, Impleaded with Another, Defendant.
   Judgment reversed upon the law, and new trial granted, with costs to abide the event. In our opinion the trial court erred in excluding evidence tending to show that lands under water were in fact included in the assessment in question. Rich, Jaycox, Kelby and Young, JJ., concur; Kelly, P. J., dissents.  