In re the City of New York

Although the resolution of the Board of Estimate instituting this proceeding makes no mention of a marginal street to be acquired, the petition for' the order of condemnation specified that the acquisition was “ for the uses of a marginal street, wharf or place and for no other purposes whatsoever.” The City of New York urges that the proceeding was in fact brought solely to acquire title for improving the waterfront and harbor by a marginal street. However, the evidence shows that the proceeding contemplated the taking of greater rights than for a marginal street. It is our view that the…