Public-domain · open source
OpenJurist

39 N.Y.2d 1000

In re Ford

New York Court of Appeals

Decided July 8, 1976

New York Court of Appeals · decided 1976-07-08

Cited by 1 later decisions — most recently August 1983

Good law ✅— No negative treatment on recordhow we know

Decided 1976-07-08

View the full empirical analysis of this case →

¶1Order 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).

¶2Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg. Taking no part: Judge Cooke.

/39/ny2d/1000 · .json · Public domain