25 N.Y.2d 112 (1969)

Jo Ann Homes at Bellmore, Inc. et al., Respondents-Appellants, v. Aaron Dworetz et al., Appellants-Respondents, et al., Defendants. (Case No. 1.) Jo Ann Homes at Bellmore, Inc. et al., Appellants, v. Aaron Dworetz et al., Respondents, et al., Defendants. Aaron Dworetz et al., Respondents, V. Jo Ann Homes at Bellmore, Inc., Appellant, et al., Defendants. (Case No. 2.)

Court of Appeals of the State of New York.

Decided July 2, 1969.

Attorney(s) appearing for the Case

George C. Pratt, John D. Caemmerer and Frank E. Pitcher for respondents-appellants in case No. 1.

Irving I. Lesnick and Adolph Koeppel for appellants-respondents in case No. 1.

George C. Pratt for appellants in case No. 2.

Alfred L. Krasner, Marshall H. Kozinn, Adolph Koeppel and Irving I. Lesnick for respondents in case N. 2.

Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL and JASEN concur.


Aaron Dworetz, John Arnold and Harvey Kaliff purchased a large peninsula of land in South Bellmore, New York, in 1959 for construction purposes. At that time, the peninsula was marshland, covered with spongy, compressible bog. In reclaiming the land, a dredging operation was necessary to fill it to the required grade. Defendants Dworetz, Arnold and Kaliff began this operation by obtaining a permit from...


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