RIVERVIEW PARTNERS, L.P. v. CITY OF PEEKSKILL


273 A.D.2d 455 (2000)

710 N.Y.S.2d 601

RIVERVIEW PARTNERS, L.P., et al., Respondents, v. CITY OF PEEKSKILL, Appellant.

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

Decided June 26, 2000.


Ordered that the order and judgment is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and it is declared that the subject property is a public park.

In the absence of a formal dedication of land for public use, an implied dedication may exist when a municipality's acts and declarations manifest a present, fixed, and unequivocal intent to dedicate (see, Cook v Harris, 61 N.Y. 448, 454; Winston v Village of Scarsdale,...

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