In re Donihee 158 N.Y.S. 1113

In the matter of the application of Vincent P. DONIHEE for the cancellation of assessments, etc., for acquiring title to West 27th Street, etc.

(Supreme Court, Appellate Division, Second Department.

May 12, 1916.)

The grant was asked for and accepted by the city. If, as now appears, the ceded title did not reach to the street center line, there is no ground to charge deceit, fraud, or bad faith. The city having accepted and recorded the deed, and having never rejected same, cannot now disaffirm, without restoring respondent to his original position, which it is now too late to do. Order affirmed, with $10 costs and disbursements.