In re Ford

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

Opinion

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.