In re Acquiring Title by the City of New York

The appellant, F. J. Kerner Coal Co., Inc., was the tenant of Fordham Triangle Realty Company, Inc., with respect to a part of damage parcels 9 and 9-a. It was also the assignee of a lease from the city of New York to Fordham Triangle Realty Company, Inc., of certain land under water adjoining the above parcels, which was known as damage parcel 10 in the condemnation proceedings.

Under its lease from the city, Fordham Triangle Realty Company, Inc., was to fill in the land under water and erect a coal plant. It agreed to release its riparian rights to the city and the lease contained a clause…