Legal Opinion

Rockaway Park Improvement Co. v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided October 7, 1910No. 2PublishedCited by 10 opinions

Appeal by the plaintiff, The Eockaway Park Improvement Company, Limited, from a judgment of the Supreme- Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 15th day of June, 1909, upon the decision of the court rendered after a trial at the Queens County Trial Term, a jury having been waived.

1Opinion of the Court

Thomas, J.:

Each party asserts title to some sixteen acres of land below mean high water in Jamaica bay, north of Eockaway Heck. The defendant traces title from the Hicolls patent of 1666 and the Dongan patent of 1686. The plaintiff claims under a patent made in 1685 by Governor Dongan to Palmer whereby Eockaway Heck to the Hempstead line was conveyed, and under letters patent to it made by the State in 1899. Defendant’s contention is that it owns all of Jamaica bay south of its upland, and, therefore, the land under the bay to mean high water on Eockaway beach. The Hicolls charter bounds the…

2Cases cited10 opinions

  1. Martin v. Lessee of WaddellSupreme Court of the United States · 1842
  2. Trustees of the Freeholders & Commonalty v. SmithNew York Court of Appeals · 1890
  3. Trustees of East Hampton v. . KirkNew York Court of Appeals · 1877
  4. De Lancey v. . PiepgrasNew York Court of Appeals · 1893
  5. Lawrence v. . Town of HempsteadNew York Court of Appeals · 1898

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3Cited by10 opinions

  1. Best Renting Co. v. City of New YorkNew York Court of Appeals · 1928
  2. In re the Acquisition of Title by the City of New YorkNew York Supreme Court · 1926
  3. In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1930
  4. In re the Application of the City of New York, Acting by & Through the Commissioner of Docks, Relative to Acquiring Right & Title to & Possession of Certain Real Property, Lands, Lands under Water & Lands under Water Filled in, Not Now Owned by the City of New York, Situated Along the Westerly & Northerly Shores of Jamaica BayAppellate Division of the Supreme Court of the State of New York · 1936
  5. Jamieson & Bond Co. v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 1915

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