Matter of City of New York (Feltman)

We agree with the conclusion of the Appellate Division as to parcel 84-A. The southerly boundary of the Colonial grants to the town of Gravesend was the high-water mark of the ocean. On February 2, 1898, the Feltmans owned the upland above the high-water mark of that date and by a grant from the State owned the land under water from that high-water mark south to the southerly limits of the grant (parcel 35). Upon the rehearing the Special Term must award compensation for the value not only of parcel 84-A but also of parcel 35, if any.

The order of the Appellate Division should be modified in…