The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-07-26

A decision which - estimated 70 hf
worth hundreds OF thousands of dollars
60 the city OF New York has been handed
down by the Appellate Division Of the
supreme Court IN reversing a jddgmen;
OF Supreme Court Justice Gre rOaum
holding that owners o. prog -Tty on
Cortlandt street also own the he'd q the
street 20 the centre line, and have
merely granted ease mcnts In the street
to tho city. The Appellate Division con-
suited many historical documents bear
ing on tho title to Manhattan property
before being convinced that the city
owns Cortlandt street.
Tho question was presented in a suit
brought by william w. Appleton and
others as owners of properly at the
northwest corner OF Broadway and Cort-
landt street TO establish their rights TO
maintain vaults underneath the street
TO che centre line without paying rental
to the city for use OF the vault space.
Justice Greenbaun found TINT the plain
TITS owned the fee OF the street to the
centre line but held that they had no
right to construct or maintain vaults
without obtaining a permit therefor. In
the appeal the city, through Assistant
Corporation Counsel Farley cOntended
that the property owners didn't own the
fee, and that even II they did the city
had q right to make reasonable charge
for the right TO construct and maintain
vaults, which was not To Ice considered
either a tax or rental.
The evidence before the court showed
that in 1859 ordinances were adopted
requiring the payment Of IL cents a
square foot TO the Croton Aqueduct
BOARD for the right TO construct vaults
and cisterns under n public street. The
court found that the plaintiffs occupy
an area OF l.097 feet for vault space and
that no permit for the vault was ever
obtained. The fac: that vault space
which had not been paid for was being
used by the plaintiffs was not discovered
until 1912. when the city authorities
threatened 10 cut off the vault space
unless the owners paid up. The plain
tins then brought the present SUIT for
an injunction.
The opinion OF the Appellate Division
states that the premises now occupied
by Cortlandt street and adjacent prem
ses were vested I'm the Dutch Govern
ment and granted by Gov. kief:
TO one Damen by a Dutch ground
brief in 1914 Following the capitula-
Ion of the Dutch in 1861 the grant to
Damen was confirmed by Gov.
Nichols representing the English SOW
rreign. The Dutch again took pos
session by conquest IN 1873. but in tho
following year by the treaty OF West
minister the sovereignty was restored
TO King Charles If. and SO remained
until the Revolutionary war.
N les. rho h,ira az Daunen CON
eyed the lands now occupied by cort-
landt street to the first Van Cortlandt
in Manhattan and his daughter. C1the-
rine Phlipse suco. eded to the title by
descent. Some time prior to 1888 her
executors and others who owned prem
ises In the vicinity west or Broadway
staked out a street through their land
from Broadway 10 the Hudson River
forty feet wide which they named
'ortlandt street They fled with the
Common Council a declaration and
petition stating that they had
laid out the street for the
better. improvement of their lands
and the increase OF buildings and in
habitants." They declared that they
established CortIandt street in like
manner as other Publick Streets Of this
city now are or lawfully ought to be-"
The Appellate Division says that the
only statute in respect to the dedica-