Ellar Estates Corp. v. Cohen

In an action inter alia for ejectment, plaintiff and the intervener appeal from a judgment of the Supreme Court, Kings County, entered June 19, 1975, which, after a nonjury trial, inter alia, dismissed (1) the complaint and (2) the intervenor’s cross claims. Judgment affirmed, with costs. The issue is whether the condemnation acquisition in 1864 by the Brooklyn and Rockaway Beach Railroad Company of the then denominated Lot No. 17 in Canarsie was for right of way or for depot purposes. If the latter, the railroad acquired a fee title and there was no forfeiture when the said lot was conveyed…