72 A.D.2d 745 | N.Y. App. Div. | 1979
In a condemnation proceeding, the claimant, Mileau Corporation, appeals from so much of the fourth separate and partial final decree of the Supreme Court, Queens County, entered May 1, 1978, and the fourth separate and partial supplemental final decree, of the same court, entered August 9, 1978, as failed to make any award of damages to it with regard to Damage Parcels Nos. 159D, 159E, 159G and 163B. Decrees reversed insofar as appealed from, with costs, it is determined that the appellant is the owner of Damage Parcels Nos. 159D, 159E, 159G and 163B and is entitled to damages for the taking thereof and the matter is remanded to Special Term for further proceedings consistent herewith. The four damage parcels involved on this appeal consist of land now filled in which made up part of the bed of Mill Creek in Queens County, which traverses land formerly owned by the claimant. Claimant’s holdings were condemned in this proceeding by the city. In the litigation which ensued to determine what compensation claimant was entitled to, it was asserted by the city that the property encompassing the four damage parcels in question belonged to it by virtue of the fact that it had title to all lands under tidal waters extending back to the days of colonial occupation of this city and that such title was inalienable and/or was never otherwise relinquished by the city. The claimant disputed the fact that Mill Creek actually ran over its property and argued that even if it did, it had obtained title thereto through, inter alia, adverse possession. Special Term found the facts to be in accordance with the city’s contention and rejected the theories of title transfer from the city set forth by the claimant. No award of damages was made to claimant for the subject damage parcels. We disagree with Special Term’s ultimate finding herein and hold that claimant has obtained title to the parcels in question through adverse possession. It is uncontradicted that for years prior and subsequent to