Halpern v. Whittle

Motion for leave to appeal to the Court of Appeals granted. [See ante, p. 23.] The following questions are certified: *7801. Was the determination of the respondents, refusing to entertain petitioners’ claim for damages for change of grade, proper? 2. In view of section 944 of the Greater New York Charter, had the Appellate Division power to make the order appealed from? Present —■ Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ.