In re City of New York

Lazansky, P. J. (concurring).

The conclusion reached by me in this case is in accord with that of Mr. Justice Close that the “ Broken Lands ” were not included within the patent of 1636, although in Matter of City of N. Y. (Gerritsen Marine Park) (248 App. Div. 240) there was concurrence by me in the opinion of Mr. Justice Hagarty to the contrary. The determination in that case, as pointed out by Mr. Justice Close, is not res judicata here and, since there are new material facts, stare decisis is not applicable. The change in my views is largely due to the corrected translation of that part of…