Korn v. New York Elevated Railroad

O’Brien, J.,

{concurring.') In this ease there is no provision in the decision or judgment that Isidor Korn unite in the conveyance to defendants. The record shows that defendants requested as a condition upon their paying the damages awarded that they should receive a conveyance and release of all rights of plaintiff and his brother, Isidor. This request, though proper, was refused. I concur, therefore, with Mr. Justice Daniels, that the judgment should be modified, without costs.