
    In the Matter of the Application of the City of New York, Relative to Acquiring Title to Lands Required for Opening Johnson Avenue in the Borough of the Bronx. Elias M. Johnson et al., as Executors of and Trustees under the Will of Isaac G. Johnson, Deceased, et al., Appellants; The City of New York et al., Respondents.
    
      Matter of City of New York (Johnson Ave.), 135 App. Div. 630, affirmed.
    (Argued February 8, 1910;
    decided February 22, 1910.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 31, 1909, which afiirmed an order of Special Term confirming the report of commissioners of estimate and assessment in the above-entitled proceeding.
    
      John Jay McKelvey and Alpheus H. Favour for appellants.
    
      Archibald R. Watson, Corporation Counsel (Thomas C. Flake, Theodore Connoly, John P. Dunn and James R. Fitzgerald of counsel), for City of New York, respondent.
    
      C. C. Ferris for William J. Riley et al., respondents.
   Order affirmed, with costs; no opinion.

Concur : Cullen, Ch. J., Haight, Vann and Hiscock, JJ. Dissenting, on dissenting opinion of Ingraham, J., below: Willard Bartlett and Chase, JJ. Absent: Werner, J.  