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TITUS MILL POND, INC. v. BD. OF TRS. OF THE TOWN OF HUNTINGTON

99 A.D.2d 829 (1984)

Titus Mill Pond, Inc., Respondent, v. Board of Trustees of the Town of Huntington, Appellant

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

February 27, 1984

Judgment affirmed, with costs.

The trial court correctly determined that the language of the 1774 grant from the then trustees of the Town of Huntington, to one Sylvanus Townsend, to whom plaintiff can trace its title, did convey an estate in fee, although subject to a reverter in the town, which has since been foreclosed through RPAPL 612. The greater weight of the evidence at trial, as to colonial custom and usage, also...

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