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DOUGLASTON MANOR v. BAHRAKIS

89 N.Y.2d 472 (1997)

678 N.E.2d 201

655 N.Y.S.2d 745

Douglaston Manor, Inc., Appellant, v. George Bahrakis et al., Respondents.

Court of Appeals of the State of New York.

Decided February 11, 1997.

Attorney(s) appearing for the Case

Hiscock & Barclay, LLP, Syracuse (Diane L. Van Epps of counsel), for appellant.

Frank R. Webster, Rochester, for respondents.

Shamberg Marwell Hocherman Davis & Hollis, P. C., Mt. Kisco (John S. Marwell, Stuart R. Shamberg and Adam L. Wekstein of counsel), and Bertine Hufnagel Headley Zeltner Drummond & Dohn, Scarsdale (Frank M. Headley, Jr., of counsel), for The Adirondack League Club, Inc., amicus curiae.

Bond, Schoeneck & King, LLP, Syracuse (John S. Ferguson, H. Dean Heberlig, Jr., and Thomas M. Shephard of counsel), for New York Blue Line Council, Inc., and others, amici curiae.

Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo (Robert E. Glanville of counsel), for New York Rivers United and another, amici curiae.

Neil F. Woodworth and John W. Caffry, Glens Falls, for Adirondack Mountain Club, Inc., amicus curiae.

Jeffery H. Kirby, Glenmont, for New York Farm Bureau, Inc., amicus curiae.

Chief Judge KAYE and Judges TITONE, SMITH, LEVINE, CIPARICK and WESLEY concur.

BELLACOSA, J.

Plaintiff-appellant, Douglaston Manor, Inc., owns approximately one-mile-long sections of both shorelines of the Salmon River in Oswego County and the riverbed in between. It traces its title back to a conveyance from the pristine State of New York in 1792. The issue is whether Douglaston's ownership entitles it to exclude the public from fishing in, though not from navigating through, its portion...

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