MATTER OF CITY OF NEW YORK


2 N.Y.2d 859 (1957)

In the Matter of the City of New York, Appellant, Relative to Acquiring Title to Real Property Required for the Opening and Extending of Schurz (Harding) Avenue and Other Streets in the Borough of The Bronx. Title Guarantee and Trust Company, Respondent.

Court of Appeals of the State of New York.

Decided February 28, 1957.


Attorney(s) appearing for the Case

Peter Campbell Brown, Corporation Counsel (Benjamin Offner and Harry E. O'Donnell of counsel), for appellant.

John C. O'Malley and John J. Boyle for respondent.

CONWAY, Ch. J., DESMOND, DYE, FULD and FROESSEL, JJ., concur in Per Curiam opinion; VAN VOORHIS, J., dissents and votes to affirm on the Per Curiam opinion of the Appellate Division; BURKE, J., taking no part.


Per Curiam.

We are here concerned with the question of title to certain damage parcels (Nos. 6, 7A, 10, 11, 12, 13, 15, 24, 25, 26, 27 and 131). Special Term held that title to those parcels, which it found were under water, was in the city for the reasons that: (1) the patent from Governor Kieft to Throckmorton, through whom the claimant asserts title, could not be considered to have granted any land under water; ...

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