Appellate Division of the Supreme Court of the State of New York December 28, 1911 (In re Bensel)

Betts, J.

(dissenting):

I dissent. The form of the petition here is the petition that is. used in the condemnation proceedings by the board of water supply of the city of New York to condemn the. fee of the real estate. '(See Matter of Simmons, 58 Misc. Rep. 581, 584, where practically the contents of a petition similar to the one used in this case are set forth.