
    In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property for Throgs Neck Expressway in the Borough of The Bronx. Robert P. Marshall et al., Appellants.
    Argued May 2, 1963;
    decided May 29, 1963.
    
      
      Monroe Goldwater, James L. Goldwater and Leon Liner for Robert P. Marshall, appellant.
    
      Matthew J. Tackella and Loretta A. Conway for Constantino Di Tullio, appellant.
    
      Leo A. Larkin, Corporation Counsel (Irving Genn and Seymour B. Quel of counsel), for respondent.
   Order reversed and the decree of Special Term, dated June 7, 1961, reinstated as to damage parcel No. 324 (Matter of Port of N. Y. Auth. [Lincoln Tunnel], 2 N Y 2d 296 [1957]; Matter of City of New York [Woodrow Wilson Houses], 8 N Y 2d 824, 827 [I960]) and as to damage parcel No. 654, with costs in this court and in the Appellate Division to claimants, and a new trial granted as to damage parcels Nos. 322 and 323 (Matter of City of New York [West Park Clearance Project], 1 N Y 2d 428, 433), with costs to abide the event. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Foster and Scilepfi.  