In re the City of New York

Taylor, J. (dissenting in part).

I concur only in that phase which relates to nominal awards to unknown owners for damage parcels 761, 762 and 764-a, each of which is burdened with street easements; but dissent from the reversal as to damage parcel 823, and vote to affirm the decree in that phase upon the ground that appellant’s assignor, the original claimant, failed to prove his title thereto. The claimed proof of title includes the judgment roll in Mulry v. Norton (100 N. Y. 424) as an essential part thereof. Under familiar principles, the determination in that case is not res judicata…