In re Bronx Parkway Commission

Order of Special Term setting aside the report of the commissioners of appraisal and directing a rehearing before new commissioners reversed, upon the law and the facts, with ten dollars costs and disbursements, and motion to confirm the report of the commissioners granted, with costs. The order is appealable. (Matter of Manhattan Railway Co. v. Stuyvesant, 126 App. Div. 848, 849.) The award was not based upon an erroneous theory. The testimony regarding the availability of the land for industrial or commercial purposes was permissible. (Matter of Bronx Parkway Commission [Ferris], 206 App.…