In re the Transit Construction Commissioner

Final order reversed on the law, and matter remitted to the Special Term for rehearing, with costs to the appellant City of New York to abide the event. We think the court should have received the evidence offered by the city as to the benefits as an offset to consequential damages. What its effect might be was to be determined by the court in its final decision. Kelly, P. J., Kelby and Young, JJ., concur; Manning and Kapper, JJ., dissent.