FIELDSTON ASSN. v. CITY OF NEW YORK


16 N.Y.2d 267 (1965)

Fieldston Property Owners' Association, Inc., Appellant, v. City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided December 30, 1965.


Attorney(s) appearing for the Case

Osborne A. McKegney for appellant.

Leo A. Larkin, Corporation Counsel (Milton H. Harris and Seymour B. Quel of counsel), for respondents.

Chief Judge DESMOND and Judges DYE, VAN VOORHIS and SCILEPPI concur with Judge FULD; Judge BURKE dissents and votes to affirm in an opinion in which Judge BERGAN concurs.


FULD, J.

The plaintiff owns the streets here involved in fee and has obligated itself, by contracts with the abutting homeowners, to maintain and repair them until such time as title is acquired by the city. Although the plaintiff has permitted the public to drive on and over the streets for many years, the city has neither taken title nor ever sought to keep them in repair at public expense. The gravaman of...

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