In re City of New York

McLaughlin (Charles B.), J.

This is a condemnation proceeding for the acquiring of property along the Harlem river from East Ninety-second street to East One Hundred and Twenty-second street. The property taken includes land and land under water. The proceeding is somewhat unusual, as many of the parcels involve serious questions of title which must be determined before any quantum figures are arrived at.

*746The city of New York is or was the owner of the land under water between high- and low-water mark throughout the length of this proceeding. It derived title to this tideway by the Dongan…