TN. OF HEMPSTEAD v. OCEANSIDE HARBOR


38 A.D.2d 263 (1972)

Town of Hempstead et al., Respondents, v. Oceanside Yacht Harbor, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 14, 1972.


Attorney(s) appearing for the Case

Lapp, Schacher & Bradie (Charles E. Lapp, Jr., of counsel), for appellant.

George C. Pratt, special counsel to Howard E. Levitt, Town Attorney, for respondents.

SHAPIRO and GULOTTA, JJ., concur with HOPKINS, Acting P. J.; CHRIST and BENJAMIN, JJ., dissent and vote to affirm, on the opinion of the Special Term.


HOPKINS, Acting P. J.

By colonial grants the plaintiffs are the owners of the land under water adjacent to the upland owned by the defendant, bordering East Rockaway Channel. On the upland is a bulkhead from which ramps, rising and falling with the tide, are attached to floating docks. Mooring slips, also known as fingers, extend from the floating docks and are rented to the defendant's customers.

The...

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