9394, LLC v. KEHLER


25 A.D.3d 771 (2006)

809 N.Y.S.2d 155

9394, LLC, et al., Appellants, v. DEAN KEHLER et al., Respondents.

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

January 31, 2006.


Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

The parties to this action are owners of adjacent waterfront properties on Long Island Sound. This action arises out of the defendants' reconstruction of a dock and the plaintiffs' allegation that the structure blocks the tidal flow on their waterfront, causing changes to the ecology.

The trial court correctly dismissed the plaintiffs' cause of action alleging trespass. The...

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