Town of Hempstead v. Little

These two closely related appeals, one in a town’s condemnation proceeding and one in an action against the town for trespass, involve the same basic question of riparian rights on an ocean littoral. But at the threshold of each there is a procedural and jurisdictional problem under CPLR 5601 (subd. [d]) pursuant to which each appeal was taken.

In each case, the Appellate Division reversed a final judgment against the town on the law and the facts and directed further proceedings at Special Term on the issue of damages. On its reversal in the condemnation proceeding, the Appellate Division…