Order reversed insofar as appealed from, on the law, without costs, and proceeding remitted to the Special Term for a hearing and the allocation of the $1,700 condemnation compensation in accordance with the views herein set forth.
The findings of fact below have not been affirmed. In our opinion, since no appeal was taken from the order of July 18, 1967, decreeing that plaintiff have title to the easement upon making a deposit of $1,700, plaintiff's deposit of such...
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