Gillies v. Orienta Beach Club

Defendants move to dismiss the amended complaint upon the ground that it fails to state facts sufficient to constitute a cause of action.

The complaint seeks to enjoin the defendants from interfering with the use by the plaintiffs and others resident on Orienta Point of a certain parcel of beach property situated on Walton avenue in the village of Mamaroneck.

The plaintiffs allege that for more than fifty years by a custom and usage the inhabitants of Orienta Point have used and enjoyed the parcel of land in question for access to Long Island Sound, for beach bathing and boating purposes.

It is…