In re the Board of Rapid Transit Railroad Commissioners

Ingraham, J.:

This court having determined that.-before formal approval should he given to the report of the commissioners approving of the use of the east side of Park avenue between Thirty-fourth and Forty-second streets for the underground railway, the owners of abutting property on Park avenue shpuld be paid the damages that the actual construction of thfe unauthorized tunnel has caused to the abutting property (104 App. Div. 468); the entry of a final *161order confirming the report of the commissioners was postponed until the amount of such actual damage could be ascertained. The application…