Matter of City of N.Y. (Realty Associates)

In the year 1925, when title vested in the city of New York in this condemnation proceeding, appellant was the record owner of upland and land under water at Brighton Beach. By the exertion of its delegated power of eminent domain in this proceeding, the city acquired title to all of the upland but it asserts title to the lands under water by virtue of grants from the State. The premises appear on the damage map as three parcels of upland and five parcels of land under water. The submerged area formerly constituted upland, but, as the result of violent storms between the years 1878 and 1894,…