ZANGHI v. RIFICE


304 A.D.2d 11 (2003)

757 N.Y.S.2d 327

JOSEPH ZANGHI et al., Respondents, v. CHRISTINE RIFICE et al., Appellants.

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

March 31, 2003.


Attorney(s) appearing for the Case

Phillips, Weiner & Quinn, Lindenhurst (James F. Quinn of counsel), for appellants.

Flower, Medalie & Markowitz, Bay Shore (Randolph M. Medalie of counsel), for respondents.

ALTMAN, J.P., SCHMIDT and TOWNES, JJ., concur.


OPINION OF THE COURT

FRIEDMANN, J.

At issue in the instant case is whether a boat basin which leads to a navigable waterway is located entirely within the plaintiffs' property, and therefore, whether the plaintiffs may preclude the defendants, who own an adjoining parcel of property, from using that boat basin. After concluding that the boat basin was artificially created and located entirely within the plaintiffs' property, the Supreme Court, inter alia...

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