TUCCI v. SALZHAUER


40 A.D.2d 712 (1972)

Gerald Tucci, Appellant, v. Cynthia Salzhauer, Respondent

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

October 24, 1972


Judgment reversed insofar as appealed from, on the law, with costs; plaintiff is granted the relief sought by him on his second cause of action, but only to a limited extent, namely, that his right to use the foreshore of Hempstead Harbor in front of defendant's property under the doctrine of "jus publicum" is limited to the following: When the tide is in, he may use the water covering the foreshore for boating, bathing, fishing and other lawful purposes; and when...

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