¶1Order reversed on the law, with ten dollars costs and disbursements, and respondent’s motion denied, with ten dollars costs. The Special Term was without power to amend the final decree by increasing the award to the respondent. (Matter of City of New York [Northern Blvd.], 242 App. Div. 839; Matter of City of New York [Dickens Ave.], 238 id. 850; affd., 262 N. Y. 699.) Hagarty, Tompkins, Davis and Johnston, JJ., concur; Lazansky, P. J., concurs in result.
244 A.D. 747
In re MacDougall
Appellate Division of the Supreme Court of the State of New York
Decided April 15, 1935
Appellate Division of the Supreme Court of the State of New York · decided 1935-04-15
Relies on Matter of City of New York
Decided 1935-04-15