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CITY OF NEW YORK v. MAZZELLA

50 A.D.3d 578 (2008)

858 N.Y.S.2d 114

CITY OF NEW YORK, Respondent, v. IVIO MAZZELLA et al., Appellants.

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

Decided April 29, 2008.

The facts are not in dispute. Defendant Ivio Mazzella and his wife reside at 235 Ditmars Street, also known as Block 5645, Lot 290, in the Bronx. They purchased Lot 290 in 1959 and subsequently built a home on that lot. In 1966, the Mazzellas acquired title to the lands under water adjacent to Lot 290. Thereafter, the Mazzellas filled in a portion of the lands under water creating Block 5645, Lot 330. The New York City Department of Ports and Terminals issued a permit for...

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