In re Hamilton Avenue Widening

This is a condemnation proceeding in which Edward W. Sullivan’s claim to the award is opposed by Margaret Sullivan, as administratrix of Frederick J. Sullivan. She seeks payment of an undivided one-half interest in a mortgage dated 1907 and assigned in 1909 to Frederick J. Sullivan, deceased, and Edward W. Sullivan. In 1935 Frederick J. Sullivan brought an action to foreclose said mortgage and on motion for summary judgment the complaint was dismissed. The Appellate Division affirmed (248 App. Div. 632) and motion for leave to appeal to the Court of Appeals was *1005denied both by the Appellate…