MATTER OF CITY OF NEW YORK (FELTMAN), 256 N.Y. 156 (1931)

176 N.E. 5

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.

Court of Appeals of the State of New York.Argued March 23, 1931
Decided April 7, 1931

Appeal from the Supreme Court, Appellate Division, Second Department.

Page 157

Arthur J.W. Hilly, Corporation Counsel (Patrick S. MacDwyer
of counsel), for City of New York, appellant

Page 158

and respondent.

Henry A. Uterhart and Joseph Gazzam for 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

Page 159

was the high-water mark of the ocean. On February 2, 1898, the Feltmans owned the upland above the highwater 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.