Legal Opinion · Dissent

In Re Acquiring Title by the City of New York

New York Court of Appeals

Decided January 18, 1916Published

Appeal, by permission., from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 5, 1915, which affirmed an order of Special Term denying a motion to confirm the report of a referee appointed in condemnation proceedings to take testimony and report upon the question of ownership.

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Appeal, by permission., from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 5, 1915, which affirmed an order of Special Term denying a motion to confirm the report of a referee appointed in condemnation proceedings to take testimony and report upon the question of ownership. The following questions were certified: “1. Was the respondent, the Consolidated Gas Company of New York, on January 31, 1907, the owner in fee of the following described property in the borough of Manhattan, city of New York, to wit: All of the lands between…

1Dissent

Seabury, J. (dissenting).

This appeal involves the question whether the city of New York or the Consolidated Gas Company was the owner on January 31, 1907, of a portion of certain premises adjacent to the East river between East Fifteenth and Sixteenth streets. The Consolidated Gas Company claims title to a triangular parcel' of land west of Tompkins street, and the city concedes that it has title to this parcel of land. The source of its title to this parcel of land is the grant to Bradford in 1848 from the.city of New York. It also claims title to the property in the bed of Tompkins street…

2Cases cited16 opinions

  1. Harvey v. TylerSupreme Court of the United States · 1865
  2. Cummings v. ChicagoSupreme Court of the United States · 1903
  3. Heller v. . CohenNew York Court of Appeals · 1897
  4. People v. New York & Staten Island Ferry Co.New York Court of Appeals · 1877
  5. Burbank v. . FayNew York Court of Appeals · 1875

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