People v. Tompkins-Kiel Marble Co.

This is a motion to dismiss the first cause of action pleaded in the complaint on the ground that it is insufficient as a matter of law, and upon the further ground that it is barred by the Statute of Limitations. In this cause of action it is alleged *560in substance that on October 17, 1854, the State of New York issued to one Brooks letters patent covering certain land under water situated in Queens county; that the said grant, made solely for the purpose of promoting the commerce of the State, was subject to the conditions that the grantee or his assigns “ must within five years of the date…