Dickens v. City of New York

1 Citing case

  1. Matter of City of New York

    247 App. Div. 449 (N.Y. App. Div. 1936)   Cited 1 times

    (1) The title to the lands under water, part of premises for which an award was made to claimant, was involved in very serious doubt at the time of the commencement of the proceeding: (a) Was the title in the town of Flatlands, the predecessor of the city of New York, as held by BLACKMAR, J., at a Trial Part and confirmed by CARR, J., in the opinion in Dickens v. City of New York ( 175 App. Div. 568); as strongly suggested by WILLARD BARTLETT, J., in Denton v. Bennett ( 102 App. Div. 454) ; as indicated by a dictum of FAWCETT, J., in Matter of City of New York ( Gerritsen Basin-Marine Park) (N.Y.L.J. July 16, 1932, p. 199); and as further indicated by chapter 283 of the Laws of 1879, authorizing the town of Flatlands to convey certain lands in Jamaica bay? (b) Was the title to the lands under water in the upland owner, as it is claimed it is indicated in another and different grant to the town of Jamaica ( Rockaway Park Imp. Co. v. City of New York, No. 2, 140 App. Div. 160); a finding (not essential to the determination), per CROPSEY, J., in Bergen Beach Land Corp. v. City of N.Y. ( 113 Misc. 491); dictum of CRANE, J., in Matter ofCity of New York ( Jamaica Bay) ( 256 N.Y. 382); admissions in pleadings in People of State of New York v. Williams, Adams (predecessors in title of claimant) and City of New York, Kings County Supreme Court (not reported), the judgment therein entere