Somerville v. City of New York
New York Supreme Court
. Action under section 1638 of the Code of Civil Procedure to quiet title to certain premises. Motion to dismiss complaint.
1Opinion of the CourtKelly, J.
The plaintiff brings this action under section 1638 of the Code to quiet title to certain premises on the southeast corner of West Twenty-fourth street and Neptune avenue, on Coney Island. It is not disputed that the land in question is located north of the high-water line of Gravesend bay as it existed prior to the opening of Neptune avenue; that it was land under water in Gravesend- bay over which the tide regularly ebbed and flowed. In determining the character of the land, for the purpose of construing the patents and grants involved in the controversy between the parties, it would appear…
2Cases cited9 opinions
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- People Ex Rel. Howell v. . JessupNew York Court of Appeals · 1899
- Consolidated Ice Co. v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1901
- Furey v. . Town of GravesendNew York Court of Appeals · 1887
- Matter of Mayor, Etc., of New YorkNew York Court of Appeals · 1905
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3Cited by2 opinions
- Harway Improvement Co. v. PartridgeAppellate Division of the Supreme Court of the State of New York · 1922
- City of New York v. Brooklyn Borough Gas Co.New York Supreme Court · 1951