New York Court of Appeals

Mary Augusta King v. the Mayor, Aldermen and Commonalty of the City of New…

April 13, 1886102 N.Y. 171

Summary

The Court affirmed the lower court’s judgment that the award of damages for the statutory closing of Bloomingdale Road belonged to the owners at the time of the closing and did not pass by the subsequent deed. It held that the deed conveying the lots did not convey an easement in the road, and that no express or implied covenant in the deed created liability for breach of the highway’s existence.