Matter of City of New York

This is a condemnation proceeding instituted by the city of New York to acquire lands for harbor purposes. As to land under water within certain street lines projected, the city and the railroads both claim to own the fee. These lands are only a portion of the damage parcels. Issues of title as to conflicting claims were tried before the Special Term. At the conclusion of the trial on the question of title it was held that the property in controversy was owned in fee by the railroad companies and that the city of New York had no right, title or interest therein. The court then proceeded to…