Tiffany v. Town of Oyster Bay
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louis C. Tiffany, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Nassau on the 3d day of December, 1918, upon the decision of the court rendered after a trial at the Nassau Special Term dismissing the complaint upon the merits. Plaintiff, as a riparian owner, sued in equity.
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Appeal by the plaintiff, Louis C. Tiffany, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Nassau on the 3d day of December, 1918, upon the decision of the court rendered after a trial at the Nassau Special Term dismissing the complaint upon the merits. Plaintiff, as a riparian owner, sued in equity. He prayed for leave to restore the foreshore adjacent to his estate in Oyster Bay along the westerly shore of Cold Spring Harbor. He also asked that defendants be enjoined from building public bathhouses upon this filled-in…
1Dissent
Jaycox, J. (dissenting):
The questions involved in this case necessarily are only those arising between the plaintiff, as an upland owner, and the town of Oyster Bay, as the owner of the land under water in Cold Spring Harbor adjoining the plaintiff’s upland. The question of the rights of navigation or as to whether the land which the plaintiff seeks to remove constitute a purpresture *132or not are not involved in this action. Those questions can be determined only in an action instituted by the sovereign power having control of navigation. The right of the town to establish a park or to build…
2Cases cited13 opinions
- Haebler v. . MyersNew York Court of Appeals · 1892
- Rogers v. JonesNew York Supreme Court · 1828
- Putnam v. RitchieNew York Court of Chancery · 1837
- Trustees of Brookhaven v. . StrongNew York Court of Appeals · 1875
- Kansas Pacific Railway v. MihlmanSupreme Court of Kansas · 1876
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