Mtr. City of Ny (Sealand Dock)

Chief Judge Fuld.

We thoroughly agree with the courts below that the claimants are entitled to only nominal damages because the three damage parcels before us were encumbered by public easements. Indeed, we would be content to affirm on the opinion by Special Term (66 Misc 2d 324) were it not for the fact that our dissenting brothers treat of matters which, though subsumed, were not discussed by that court.

It is true, as stated in the dissent, that a street “ dedication ” does not create a public easement unless there is evidence of an acceptance by the public of an offer to dedicate the…