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HOLDEN v. CITY OF NEW YORK

7 N.Y.2d 840 (1959)

James Holden et al., Appellants, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided December 30, 1959.

Attorney(s) appearing for the Case

James Holden, appellant in person and for Stephen Holden and another, appellants.

Charles H. Tenney, Corporation Counsel (William A. Marks, Seymour B. Quel, Samuel Mandell and John Suglia of counsel), for respondent.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS. Taking no part: Judge BURKE.

Judgment affirmed, with costs, in the following memorandum: The reservation of a mere "right of way" under the decisions included only the right of passage over the surface of the land (Thompson v. Orange & Rockland Elec. Co., 254 N.Y. 366; Osborne v. Auburn Tel. Co., 189 N.Y. 393; Eels v. American Tel. & Tel. Co., 143 N.Y. 133; Ferguson v. Producers Gas Co., 286 App. Div. 521; Matter of Bensel, 140 App. Div. 257...

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