Consolidated Ice Co. v. . Mayor, Etc., of N.Y.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 8, 1900, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The premises in dispute were not excepted from the grant to Roberts. (17 Am. & Eng. Ency. of Law, 235; 1 Dillon on Mun.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 8, 1900, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The premises in dispute were not excepted from the grant to Roberts. (17 Am. & Eng. Ency. of Law, 235; 1 Dillon on Mun. Corp. § 307; 1 Beach on Pub. Corp. § 484; How. & Bemis Munic. Ord. § 210; Matter of City of Buffalo, 78 N. Y. 362; Matter of Douglass, 46…
1Opinion of the Court
Parker, Ch. J.
This controversy relates to the land underwater betweeen One Hundred and Thirteenth and One Hundred and Fourteenth streets, nearly all of it being below low-water line. The plaintiff claims to have acquired title, not only to the land in question, but to the land between high and low-water mark as well, by grant from the city to plaintiff’s predecessor in title, executed and delivered in 1870, vdiich in terms describes the premises in question as well as the other land under water between it and the upland, the description, however, being followed by this clause :
“ Saving and…
2Cases cited8 opinions
- Reed v. . McCordNew York Court of Appeals · 1899
- Lorillard v. . the Town of MonroeNew York Court of Appeals · 1854
- Archibald v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1899
- Mayor, Etc., of City of N.Y. v. . DavenportNew York Court of Appeals · 1883
- Heiser v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- City of New York v. Wilson & Co.New York Court of Appeals · 1938
- Gache v. Town of Harrison, NYDistrict Court, S.D. New York · 1993
- London Assurance Corpn. v. . ThompsonNew York Court of Appeals · 1902
- In re the City of New YorkNew York Supreme Court · 1936
- In re Commissioner of Public WorksAppellate Division of the Supreme Court of the State of New York · 1909
21 more not listed; retrieve them via the Exa API.