Gucker v. Town of Huntington
New York Court of Appeals
Plaintiffs’ actions to remove as clouds on title the quitclaim deeds were the proper and the only remedy for the plaintiffs to obtain redress for the deprivation of their riparian rights. (Remington Paper Go. v. O’Dougherty, 81 N. Y. 474; Ward v. Dewey, 16 N. Y. 519; Crooke v. Andrews, 40 N. Y. 547; Radcliff v. Rowley, 2 Barb. Ch. 23; Shaw v. Dwight, 27 N. Y. 244.) Riparian rights were possessed by the plaintiffs as upland owners.
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Plaintiffs’ actions to remove as clouds on title the quitclaim deeds were the proper and the only remedy for the plaintiffs to obtain redress for the deprivation of their riparian rights. (Remington Paper Go. v. O’Dougherty, 81 N. Y. 474; Ward v. Dewey, 16 N. Y. 519; Crooke v. Andrews, 40 N. Y. 547; Radcliff v. Rowley, 2 Barb. Ch. 23; Shaw v. Dwight, 27 N. Y. 244.) Riparian rights were possessed by the plaintiffs as upland owners. (Matter of City of New York, 168 N. Y. 134; Barnes v. Midland R. R. Terminal Go., 193 N. Y. 378; 218 N. Y. 91; People ex rel. Gratwick v. Commissioners of Land…
1Opinion of the Court
Crane, Ch. J.
The plaintiffs own the upland at Little Neck in the town of Huntington, facing on Centerport Harbor. Their property faces to the west, Centerport Harbor running about northwest and southeast. They own to high-water mark, for Centerport Harbor, a branch of Long Island Sound, is tidal water. The plaintiffs have riparian rights, which means that they have access to navigable water in front of their property. No person or even the town of Huntington can obstruct or interfere with these riparian rights.
In front of the plaintiffs’ premises, a short distance out from shore, there was a…
2Cases cited9 opinions
- Hinkley v. . State of New YorkNew York Court of Appeals · 1922
- Tiffany v. . Town of Oyster BayNew York Court of Appeals · 1922
- Montgomery v. PortlandSupreme Court of the United States · 1903
- Remington Paper Co. v. . O'DoughertyNew York Court of Appeals · 1880
- Ward v. . DeweyNew York Court of Appeals · 1858
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3Cited by14 opinions
- People v. Lexington Sixty-First AssociatesNew York Court of Appeals · 1976
- Ferlazzo v. RileyNew York Court of Appeals · 1938
- In re the City of New YorkNew York Supreme Court · 1936
- Marine Air Ways, Inc. v. StateNew York Court of Claims · 1951
- City of New York v. Gowanus Industrial Park, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
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