TRUSTEES OF FREEHOLDERS AND COMMONALITY OF TOWN OF SOUTHAMPTON v. BUONINFANTE


303 A.D.2d 579 (2003)

756 N.Y.S.2d 629

TRUSTEES OF FREEHOLDERS AND COMMONALITY OF TOWN OF SOUTHAMPTON et al., Respondents, v. LOUIS BUONINFANTE, Appellant.

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

Decided March 17, 2003.


Ordered that the order is reversed, on the law, with costs, the defendant's motion for partial summary judgment is granted to the extent that the defendant is entitled to a judgment declaring that the northern boundary of the property in dispute is ambulatory and based on the high water mark of Moriches Bay, and the matter is remitted to the Supreme Court, Suffolk County for further proceedings consistent herewith.

In late 1999 the defendant was shown a parcel of...

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