Legal Opinion

First Construction Co. v. State

Appellate Division of the Supreme Court of the State of New York

Decided January 5, 1921Published

Appeal by the defendant, The State of New York, from a judgment of the Court of Claims in favor of the claimant, entered in the office of the clerk of said court on the 11th day of February, 1920, awarding to the claimant $997,066.75 and interest for lands on the Brooklyn water front appropriated by the State for the purposes of the Gowanus canal.

1Dissent

John M. Kellogg, P. J. (dissenting):

The plaintiff has recovered judgment for $997,066.75 on account of the appropriation of property by the State for a Barge canal terminal at Gowanus bay, Brooklyn, N. Y. Of this property 85,000 square feet were upland, 29,250 square feet made or filled-in land and 1,287,025 square feet were salt meadows under water, between the shore and the bulkhead line. The map filed, which constituted .the appropriation, did not concede, but in a way challenged the plaintiff's title, as it condemned only “ all the right, title- and interest not belonging to the State of…

Also in this document: Concurrence.

2Cases cited16 opinions

  1. Scranton v. WheelerSupreme Court of the United States · 1900
  2. New York Electric Lines Co. v. Empire City Subway Co.Supreme Court of the United States · 1914
  3. Rumsey v. New York & New England R. R.New York Court of Appeals · 1892
  4. City of New York v. . BryanNew York Court of Appeals · 1909
  5. Williams v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1887

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