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GESSIN v. THRONE-HOLST

2014-01848, 2014-01849

134 A.D.3d 31 (2015)

20 N.Y.S.3d 367

2015 NY Slip Op 06885

HARVEY GESSIN et al., Respondents, v. ANNA THRONE-HOLST et al., Defendants, and FRED HAVEMEYER et al., Appellants.

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

Decided September 23, 2015.

Attorney(s) appearing for the Case

Cahn & Cahn, LLP, Huntington ( Richard C. Cahn of counsel), for appellants.

J. Lee Snead , Bellport, for respondents.

MASTRO, J.P., DILLON, MILLER and MALTESE, JJ., concur.

OPINION OF THE COURT

For nearly 400 years, the Trustees of the Freeholders and Commonalty of the Town of Southampton (hereinafter the Trustees or the Trust) have had the right, derived from royal land grants and patents, to control and manage the waters of the town. In the present...

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