Matter of City of New York (Feltman)

1931 N.Y. LEXIS 1038 · New York Court of Appeals · Apr 7, 1931

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In the Matter of the City of New York, Appellant and Respondent, Relative to Acquiring Title to Real Property Necessary for the Establishment of a Public Beach in the Borough of Brooklyn. Charles L. Feltman Et Al., Respondents and Appellants

Per Curiam. 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 *159 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 accordance with this memorandum, and as thus modified affirmed, with costs to the owners, and the questions certified answered as follows: Question No. 1 in the negative; Questions Nos. 2 and 3 in the affirmative. Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ., concur. Ordered accordingly.