In re City of New York

The Special Term, after confirmation of a report of commissioners of appraisal for the taking of lands for the water supply of the city of New York, rendered a decision to the contrary upon a motion for reargument, and referred the matter to new commissioners to determine the value of the lands taken, including consequential damage to the owner. This court reversed, being of the opinion that the reasons first given by the learned Special Term justice upon confirmation were correct. (234 App. Div. 890.) It is now claimed on behalf of the owner of the land that the order was not appealable…