Nevins v. Friedauer
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Ellen Nevins, and the defendant, the City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 2d day of October, 1920, on the decision of the court rendered after a trial at the Kings Special Term. The action was brought originally on the 23d day of June, 1919, against the defendants Friedauer and O’Neil.
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Cross-appeals by the plaintiff, Ellen Nevins, and the defendant, the City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 2d day of October, 1920, on the decision of the court rendered after a trial at the Kings Special Term. The action was brought originally on the 23d day of June, 1919, against the defendants Friedauer and O’Neil. The said defendants, under a license from the commissioner of docks of the city of New York, had entered upon certain made land in Gravesend bay and constructed bungalows…
1Opinion of the Court
Kelly, J.:
It has been decided by the Supreme Court at Special Term that the title to the land under water in Gravesend bay was vested in the city of New York under the ancient patents to the town of Gravesend, the predecessor in title of the city. (Somerville v. City of New York, 78 Misc. Rep. 203, opinion by Crane, J.; Somerville v. City of New York, 89 id. 188; Harway Improvement Co. v. City of New York, 113 id. 788, opinion by Lazansky, J.) We agree with the conclusions of the Special Term in the cases cited, that the town of Graves-end was the owner in fee of the lands under water in the…
2Cases cited17 opinions
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Mulry v. . NortonNew York Court of Appeals · 1885
- Rumsey v. New York & New England R. R.New York Court of Appeals · 1892
- Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
- Saunders v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
12 more not listed; retrieve them via the Exa API.
3Cited by6 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
- John T. Clark Realty Co. v. HarrisAppellate Division of the Supreme Court of the State of New York · 1938
- City of New York v. Atlantic Yacht ClubAppellate Division of the Supreme Court of the State of New York · 1924
- Harway Improvement Co. v. PartridgeAppellate Division of the Supreme Court of the State of New York · 1922
1 more not listed; retrieve them via the Exa API.