Court of Appeals of New York

In a dispute over a land under a pond that is located adjacent to defendants' waterfront land, the Appellate Division's grant of summary judgment in favor of the plaintiffs is reversed where nothing in the conveyance of title to defendants' predecessors shows an intention to withhold underwater lands from the grant, and because the deeds do not expressly exclude underwater lands, they must be read as conveying such land to the center of the pond to the defendants' predecessors.

Appellate Information

• Decided 10/18/2012
• Published 10/18/2012

Judges

• Smith

Court

• Court of Appeals of New York

Counsel