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MATTER OF CITY OF NEW YORK (AMER. PRES. LINES)

281 A.D. 315 (1953)

In the Matter of The City of New York, Respondent, Relative to Acquiring Title to Real Property Required as a Site for the Proposed Hunts Point Sewage Treatment Works, in the Borough of The Bronx. American President Lines, Ltd., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 24, 1953.

Attorney(s) appearing for the Case

Earl Q. Kullman of counsel (H. Maurice Fridlund and Walter Egan with him on the brief; Kirlin, Campbell & Keating, attorneys), for appellant.

Reuben Levy of counsel (Harry E. O'Donnell, Benjamin Offner and Leo Sachnoff with him on the brief; Denis M. Hurley, Corporation Counsel, attorney), for respondent.

Joseph V. McKee of counsel (John O'Malley with him on the brief), for Title Guarantee and Trust Company, amicus curiæ.

PECK, P. J., VAN VOORHIS and BREITEL, JJ., concur.

CALLAHAN, J.

This appeal is from a decree in a condemnation proceeding, which determined that the City of New York and not the claimant had title to certain lands under water on the shorefront of the East River or Sound in the borough of The Bronx, city of New York, west of the Bronx River. The land is outshore of the highwater mark, and between it and the pierhead and bulkhead lines created by law. Decision of...

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