Opinion
March 13, 1950.
Present — Carswell, Acting P.J., Johnston, Sneed, Wenzel and MacCrate, JJ. [ 191 Misc. 920.]
In an action for ejectment, in which title to a body of water known as Penny's Pond, in Southampton, Long Island, was involved, judgment in favor of plaintiff unanimously affirmed, with costs. In affirming, we do not, however, approve the findings that there was no exclusion of baymen and fishermen from the pond from May 19, 1738, to the summer of 1946, and that "the early deeds" excluded the pond from the grant.