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In re Ford

39 N.Y.2d 1000 Court N.Y. Decision date 1976-07-08 English

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p. 1000
In the Matter of Arthur C. Ford et al., Constituting the Board of Water Supply of the City of New York, Respondents, Relative to Acquiring Title to Real Property in the Counties of Sullivan and Orange for the Purpose of Providing Additional Water for the City of New York. Herman V. Traub et al., Appellants.
Argued June 2, 1976;
decided July 8, 1976
p. 1001
George H. Rosen and Lazarus I. Levine for appellants.
W. Bernard Richland, Corporation Counsel (William P. Murray and L. Kevin Sheridan of counsel), for respondent.

Order affirmed, with costs. We agree with the Appellate Division that claimants’ privilege under the 1927 deed "to bathe in Flagler Lake” was a mere license, not an easement (see, also, 3 Warren’s Weed, New York Real Property, License, .§ 1.03). Thus, the claim is for indirect damage to real estate "not taken” (Administrative Code of City of New York, § K5144.0) and interest runs only from the date the award was confirmed, not the date of the taking (Hudson Riv. Tel. Co. v City of New York, 210 NY 394 , 397-398).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg. Taking no part: Judge Cooke.

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