In re City of New York

Carswell, J. (concurring).

When this case was here before I did not concur in the opinion of the court. I merely concurred in the result, which is not controlling on the question now presented. I concur in the opinion of Mr. Justice Close, with these observations:(a) The basic conclusion of Special Term is reinforced by the rule of strict construction applicable here. A patent or a grant from a sovereign to a subject is to be construed strictly in favor of the Crown. A different rule prevails where the grant is to a town or a political subdivision. (People v. Foote, 242 App. Div. 162; 273 N.…