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TRS. OF THE FREEHOLDERS & COMMONALTY OF THE TOWN OF SOUTHAMPTON v. HEILNER

143 A.D.2d 134 (1988)

Trustees of the Freeholders and Commonalty of the Town of Southampton, Respondent, v. Raquel R. Heilner, Defendant, and Anthony De Marco, Appellant

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

August 8, 1988

Ordered that the order and judgment is reversed, on the law, with costs, and the motion to dismiss is denied.

This action arises out of the appellant's attempt to purchase a plot of land in Shinnecock Bay in Southampton and erect a motel on it. The plaintiff commenced this action by service of a summons and complaint in June 1972 on the theory that it owned the subject land beneath the waters of Shinnecock Bay to the high-water mark. De Marco asserted counterclaims...

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