
    Harway Improvement Company, Appellant and Respondent, v. Hugh R. Partridge, Defendant, and The City of New York, Respondent and Appellant.
    
      Real •property — title — partition — title to uplands and lands under water bordering Gravesend bay — effect of filling in land under water.
    
    
      Harway Improvement Co. v. Partridge, 203 App. Div. 174, affirmed.
    (Argued May 3, 1923;
    decided May 29, 1923.)
    Cross-appeals, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 4, 1923, modifying and affirming as modified an interlocutory judgment entered upon a decision of the court on trial at Special Term. The action was brought to partition certain lands bordering Gravesend bay in the city of Brooklyn. The Appellate Division held thát the plaintiff and defendant Partridge owned the upland; that the land under water was owned by the city of New York, and that the act of the plaintiff in filling in the land under water did not affect its riparian rights.
    The following questions were certified: “ 1. Is the title to the land formerly under water, which was filled in by ■ the plaintiff, vested in the city of New York? 2. Is the title to the upland described in the complaint vested in the plaintiff and in defendant Partridge? 3. Did the plaintiff by filling in the land under water in front of the upland described in the complaint lose its riparian rights? ”
    
      William N. Dykman, James B. Deering and James J. Dunn for plaintiff, appellant and respondent.
    
      George P. Nicholson, Corporation Counsel (Charles J. Nehrbas and John J. Mead of counsel), for defendant, respondent and appellant.
   Judgment affirmed, without costs; first and second questions certified answered in the affirmative, third question in the negative; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, Pound and McLaughlin, JJ. Not voting: Crane, J. Absent: Andrews, J.  