In re the City of New York

Callahan, J. (dissenting).

Neither the notice of application to condemn, nor any subsequent document or notice in this proceeding showed any intention to take the property on which appellant’s mortgage was a lien. Further, they failed to show any intention to close the Mott Haven canal on which appellant’s property fronted. The proceeding was one to widen 135th street, the nearest line of which was 450 feet south of appellant’s property. An existing State statute (L. 1896, ch. 623) required that a bridge constructed over the Mott Haven canal at 135th street was to be erected so as to maintain…