New York Court of Appeals, 1976

In re Ford

New York Court of Appeals · Decided July 8, 1976

39 N.Y.2d 1000; 355 N.E.2d 295; 387 N.Y.S.2d 240; 1976 N.Y. LEXIS 2937

Cases that cite this one

2 later published cases cite this decision.

Scheer v. Kahn (Appellate Division of the Supreme Court of New York 1995)
Wachs v. Winter (District Court, E.D. New York 1983)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order 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).

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.