City of New York v. Kraemer

• Decision Date: 21 January 1936
• Citation: 200 N.E. 287,270 N.Y. 495
• Parties: In the Matter of the CITY OF NEW YORK, Respondent, Relative to Acquiring Title to Real Property Required for the OPENING AND EXTENDING OF ONE HUNDRED AND TWENTY-FIFTH and ONE HUNDRED AND TWENTY-SIXTH STREETS FROM TWENTY-THIRD AVENUE TO TWENTY-FIFTH AVENUE IN THE BOROUGH OF QUEENS. Susannah Kraemer, Appellant.
• Court: New York Court of Appeals Court of Appeals

270 N.Y. 495

200 N.E. 287

In the Matter of the CITY OF NEW YORK, Respondent, Relative to Acquiring Title to Real Property Required for the OPENING AND EXTENDING OF ONE HUNDRED AND TWENTY-FIFTH and ONE HUNDRED AND TWENTY-SIXTH STREETS FROM TWENTY-THIRD AVENUE TO TWENTY-FIFTH AVENUE IN THE BOROUGH OF QUEENS. Susannah Kraemer, Appellant.

Court of Appeals of New York.

Jan. 21, 1936.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (244 App.Div. 725, 278 N.Y.S. 462), entered April 1, 1935, unanimously affirming a final decree of the court on trial at Special Term, in a proceeding by the city of New York to acquire title to real property required for opening and extending One Hundred and Twenty-Fifth and One Hundred and Twenty-Sixth streets from Twenty-Third avenue to Twenty-Fifth avenue in the borough of Queens, in so far as such final decree related to the nominal award made for damage parcel No. 1, which appellant claimed to own in fee and free and clear of easements at the time of the taking. In 1851 a map, designated ‘Map of Village of Strattonport,’ was filed in the county clerk's office of Queens county, laying out in streets and lots a large tract of land including the premises involved herein. Damage parcel No. 1 comprises what was designated on such map as the easterly half of Henrietta street (identical with One Hundred and Twenty-Sixth street as opened in this proceeding), abutting lots numbered 95 and 96 on such map, which were concededly owned by appellant at the time the city commenced this proceeding. Appellant's title to lots 95 and 96 devolved by mesne conveyances from one Comfield, who by deed dated October 7, 1851, conveyed to one Stratton sixteen lots, including lots 95 and 96. Following the descriptions of these lots in this deed were the words, ‘Together with the land in front of said lots hereby conveyed to the centre of the streets on which said lots are bounded respectively as laid down in said [Strattonport] map. Subject, nevertheless, to the right of way over said lands composing such streets in the proprietors of the lots described on said map.’ None of the deeds in appellant's chain of title, subsequent to the deed from Comfield to Stratton, purported to convey in express terms the title to the bed of Henrietta street. Appellant's grantor took title in 1882 to lots 95 and 96, and it was conceded by the respondent city herein that he...