MATTER OF FORD, 39 N.Y.2d 1000 (1976)

387 N.Y.S.2d 240, 355 N.E.2d 295

In the Matter of ARTHUR C. FORD et al., Constituting the Board of Water Supply of the City of New York, Respondents, Relative to Acquiring Title to Real Property in the Counties of Sullivan and Orange for the Purpose of Providing Additional Water for the City of New York. HERMAN V. TRAUB et al., Appellants.

Court of Appeals of the State of New York.Argued June 2, 1976
Decided July 8, 1976

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN H. PENNOCK, J.

Page 1001

George H. Rosen and Lazarus I. Levine for appellants.

W. Bernard Richland, Corporation Counsel (William P. Murray
and L. Kevin Sheridan of counsel), for respondent.

Order affirmed, with costs. We agree with the Appellate Division that claimants’ privilege under the 1927 deed “to bathe in Flagler Lake” was a mere license, not an easement (see, also, 3 Warren’s Weed, New York Real Property, License, § 1.03). Thus, the claim is for indirect damage to real estate “not taken” (Administrative Code of City of New York, § K51-44.0) and interest runs only from the date the award was confirmed, not the date of the taking (Hudson Riv. Tel. Co. v City of New York, 210 N.Y. 394, 397-398).

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG. Taking no part: Judge COOKE.

Page 1002

jdjungle