In re the City of New York

In Matter of Prospect Street, 77 Misc. Rep. 254, I held that commissioners of estimate in a street opening proceeding could not make an award for damages resulting from a change, of grade made prior to their appointment. The present case differs from the case cited in that the physical work of changing the grade of the street-in question had not, as is claimed by the objector and as I shall assume, been completed when the commissioners were appointed. But it had been initiated by the local board of improvements and approved and authorized by the board of estimate, and the contract for the…