MATTER OF CITY OF NEW YORK (SCHURZ AVE.)


278 A.D. 309 (1951)

In the Matter of The City of New York, Respondent, Relative to Acquiring Title to Real Property Required for the Opening and Extending of Schurz (Harding) Avenue, in the Borough of The Bronx. Herbert H. Sonn et al., as Executors and Trustees under The Will of Celia S. Meinhard, Deceased, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

May 15, 1951.


Attorney(s) appearing for the Case

Joseph V. McKee of counsel (John C. O'Malley with him on the brief; Joseph V. McKee, attorney), for appellants.

Benjamin Offner of counsel (Harry E. O'Donnell and Reuben Levy with him on the brief; John P. McGrath, Corporation Counsel), for respondent.

PECK, P. J., GLENNON, COHN, CALLAHAN and SHIENTAG, JJ., concur.


Per Curiam.

A grant of land by a sovereign to a private individual which includes within its territorial boundaries a stream of water subject to the ebb and flow of the tide does not, in the absence of evidence indicating a contrary intent, carry with it title to the bed of such stream. This would be so even though the stream is not referred to as a boundary in the description contained in the grant. That principle...

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