Majority
p. 552Edward M. Townsend et al., Respondents, v. The Trustees of the Freeholders and Commonalty of the Town of Brookhaven et al., Appellants. (Argued March 10, 1908; decided March 31, 1908.)
Headnote
Townsend v. Trustees, eta., of Town of Brookhaven, 116 App. Div. 939 , affirmed.Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 9, 1907, affirming a. judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Wrrn
p. 553
in an action to restrain the defendant Town of Brookhaven from exercising acts of ownership over a portion of Lake Ronkonkoma and to have a lease purporting to grant rights therein canceled and declared void.
Asa A. Spear, George H. Furman and Robert S. Pelletreau, for appellants.
Charles T. Brown and Wilmot T. Cox for respondents.
Judgment affirmed, with costs ; no opinion.
Concur: Cullen, Ch. J., IIaigiit, Vann, Werner, Hiscock and Chase, JJ. Not sitting: Willard Bartlett, J.