Grace v. Town of North Hempstead

Considering that this litigation involves the scope and effect of colonial patents of wide local interest, we should facilitate plaintiff's appeal to the Court of Appeals, so as to obtain a final determination of the town's rights. The execution of the judgment by the town's entry into possession,' with the possible removal of plaintiff's pier and bulkheads pending the disposal of this appeal, would leave a regrettable `injury and deprivation of plaintiff's eights, should. the present judgment not be upheld. The order appealed from is' therefore reversed, with $10 costs aud disbursements, and plaintiff's motion for stay of execution pending the present appeal to the Court of Appeals granted, upon plaintiff executing an undertaking in the sum of $5,000 to pay defendant's damages and costs. See, also, 153 N. Y. Supp. 1117 .