Majority
p. 759In the Matter of the Application of the City of New York, Relative to Acquiring Title, Wherever the Same Has Not Been Heretofore Acquired for the Same Purpose in Fee, to the Lands, Tenements and Hereditaments Required for the Purpose of Establishing a Public Beach between the Southerly Prolongation of the Easterly Line of Ocean Parkway and the Prolongation of the Westerly Line of West Thirty-seventh Street, etc. Theodore W. Kramer and Others, Appellants; The City of New York, Respondent.
Motion for leave to appeal to the Court of Appeals granted. The question to be certified is: Did the colonial grants to the town of Gravesend, by virtue of the southerly boundary given therein, to wit, the “ main ocean,” vest title in the town of Gravesend to the land between the high and low-water marks of the ocean? Present — Lazansky, P. J., Kapper, Hagarty, Seudder and Tompkins, JJ.