Moenig v. New York Central Railroad — 231 N.Y. 596

Majority

p. 596

Frank G. Moenig, Appellant, v. New York Central Railroad Company et al., Respondents. Guivani Baldicini, Appellant, v. New York Central Railroad Company et al., Respondents. Louise Bushel, as Executrix of Arthur Bushel, Deceased, Appellant, v. New York Central Railroad Company et al., Respondents.

Headnote

Real property — riparian rights — railroads — title to riparian rights in ' and over ungranted lands under Hudson river at Tarrytown.

Moenig v. N. Y. C. R. R. Co., 187 App. Div. 323 , affirmed.

Baldicini v. N. Y. C. R. R. Co., 188 App. Div. 898 , affirmed.

Bushel v. N. Y. C. R. R. Co., 188 App. Div. 899 , affirmed.

(Argued May 10, 1921;

decided June 7, 1921.)

Appeal, in each of the above-entitled actions, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 21, 1919, unanimously affirming a judgment in favor of defendants entered, upon a dismissal of the complaint by the court on trial at Special Term. The actions were brought for the purpose of obtaining an adjudication that appellants are the owners, by reason of their ownership of the uplands, of the riparian rights in and over ungranted lands below the line of ordinary high-water mark of the Hudson river at Tarrytown. The Special Term decided that the three appellants were not riparian owners, although upland owners, and that the respondent New York Central Railroad Company was owner of the riparian rights.

Joseph B. Thompson and Henry W. Hill for appellants. George H. Walker, Crosby J. Beakes and Alexander S. Lyman for New York Central Railroad Company, respondent.

Ernest P. Hoes and Charles D. Millard for Village of Tarrytown, respondent.

Charles D. Newton, Attorney-General (Edward H. Leggett of counsel), for State óf New York.

p. 597

Judgment in first case affirmed, with costs, on opinion of Blackmar, J., below. Judgment in each other case affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Hogan, Cardozo, McLaughlin, Crane and Andrews, JJ.