
    The City of New York, Appellant, v. The Atlantic Yacht Club, Respondent.
    (Argued April 8, 1925;
    decided May 5, 1925.)
    
      Real property — title — ejectment — New York city — action by city of New York to eject defendant from upland and land under water on north side of Coney Island point.
    
    
      City of New York v. Atlantic Yacht Club, 209 App. Div. 642. affirmed.
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 30, 1924, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Tenn without a jury. The action was brought by the city of New York, claiming as successor to the former town of Gravesend, under Colonial patents, to eject the Atlantic Yacht Club from upland and land under water on the north side of Coney Island point facing New York bay, bounded northerly by the pierhead line, easterly by Sea Gate avenue, southerly by Poplar avenue, and westerly by the lands of the Prospect Park and Coney Island Railroad Company. The defendant claimed title as successor in interest to John B. Shanahan, who received a deed in 1890 from the town of Gravesend, purporting to convey the lands under water in controversy here, as successor in interest to Norton Point Land Company, which obtained letters patent from the State in 1897, of the same lands under water, and by natural accretion.
    
      George P. Nicholson, Corporation Counsel (John J. Mead of counsel), for appellant.
    
      William N. Dykman and S. B. Olney for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, McLaughlin, Crane, Andrews and Lehman, JJ. Absent: Pound, J.  