December 1, 1922. Paris S. Russell, for the appellant. John P. O'Brien, Corporation Counsel [ Joel J. Squier of counsel; William B.R. Faber with him on the brief], for the respondent. PAGE, J.: The action is to recover $91,432.14 interest on an award in condemnation proceedings. The facts briefly stated are as follows: The city instituted proceedings to acquire plaintiff's land and land under water for a public park known as "East River Park" in the borough of Queens. Commissioners of estimate in
November, 1920. Cullen Dykman (William N. Dykman, of counsel), for plaintiff. John P. O'Brien (Charles J. Nehrbas, of counsel), for defendants. CALLAGHAN, J. There is no question but that the town of Gravesend owned and had the right to convey the fee title of the lands under water in Gravesend bay to John Tracey, one of the plaintiff's predecessors in title. Somerville v. City of New York, 78 Misc. 203. The question is, did the town make such a conveyance? The statute (Laws of 1883, chap. 458) provided
March, 1917. Theodosius F. Stevens, for petitioner. Erwin, Fried Czaki (Joseph S. Wood, of counsel), for Garth Estates. J. Homer Hildreth, for Maria L. Watson, claimant. YOUNG, J. Upon this motion the Garth Estates, one of the defendants above mentioned, asks to have the court, or a referee appointed for that purpose, hear and determine the question of ownership of certain property to be condemned, known as parcel 5 sheet 16, as to which there appear to be conflicting claimants, and for an injunction