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MURPHY v. LONG ISLAND OYSTER FARMS, INC.

112 A.D.2d 276 (1985)

Charles Murphy et al., Appellants, v. Long Island Oyster Farms, Inc., et al., Respondents. (And a Third-Party Title.)

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

July 15, 1985

Judgment affirmed, with costs.

Plaintiffs argue that the lease provision which gives Long Island Oyster Farms, Inc. the right to use the leased underwater lands for "planting, growing, and cultivating thereon and recovery therefrom oysters and other shellfish" should be construed to contain a restriction against removal of naturally grown clams, because the verbs are connected by "and" rather than "or". That is not the law...

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