Morgan v. City of Glen Cove
| Decision Date | 12 March 1959 |
| Citation | 5 N.Y.2d 1041,185 N.Y.S.2d 801 |
| Parties | , 158 N.E.2d 498 Junius S. MORGAN, Respondent, v. CITY OF GLEN COVE, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 6 A.D.2d 704, 174 N.Y.S.2d 890.
Action was brought against city pursuant to Article 15 of the Real Property Law, Consol.Laws, c. 50, to determine adverse claims to a strip of realty on the easterly side of West Island in the city.
The Supreme Court, Special Term, Nassau County, Hogan, J., 163 N.Y.S.2d 51, entered judgment adjudging that the plaintiff was the owner in fee of the strip and barring defendant therefrom, and the defendant appealed.
The Appellate Division, 6 A.D.2d 704, 174 N.Y.S.2d 890, affirmed the judgment. Beldock, Acting P. J., dissented.
The city appealed to the Court of Appeals, contending that entry of highway by Commissioners of Highways in Town Highway Book in 1861 duly constituted the road throughout its entire length as a town highway and cast burden of showing substantial abandonment on plaintiff, and that repeated recognition of it as a highway by town and county authorities was an explicity adminission that it was at all times a public highway, and that where the plaintiff's predecessors in title erected a stone wall surmounted by a fence more than 50 years ago between their land and highway and in deed to plaintiff described the premises in suit as a highway, plaintiff was estopped to claim that it was not a highway, and that lands under waters of Dosoris Creek were granted to the Town of Oyster Bay by Andros' Patent in 1677, and that Dana's Patent in 1896 for the same lands has always been invalid, and that plaintiff's deed does not include land lying east of the highway line.
Luke A. Mercadante, Glen Cove (Eugene R. Hurley, Mineola, of counsel), for defendant-appellant.
Cullen & Dykman, Brooklyn (Augustus J. Wheeler and Herman Meltzer, Brooklyn, on the brief), for respondent.
Judgment affirmed, with costs.
All concur.
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