Legal Opinion

Douglaston Manor, Inc. v. Bahrakis

Appellate Division of the Supreme Court of the State of New York

Decided March 8, 1996PublishedCited by 1 opinion

1Opinion of the Court

*301OPINION OF THE COURT

Doerr, J.

The issue raised on this appeal, whether the public right of navigation in waters of a privately owned riverbed includes the right to fish therein, is one that has not been recently addressed by New York appellate courts. We conclude that the right of navigation includes the right to fish.

The facts are not in dispute. The Salmon River originates in Lewis County and flows generally west for 50 miles before it empties into Lake Ontario at Port Ontario. Approximately one mile of the Salmon River bed is located on property owned by plaintiff, Douglaston Manor, Inc.…

2Cases cited8 opinions

  1. Smith v. . City of RochesterNew York Court of Appeals · 1883
  2. Trustees of Brookhaven v. . StrongNew York Court of Appeals · 1875
  3. People v. BeriguetteNew York Court of Appeals · 1994
  4. Hanigan v. StateAppellate Division of the Supreme Court of the State of New York · 1995
  5. People v. KraemerLloyd Harbor Village Police Court · 1957

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Douglaston Manor, Inc. v. BahrakisNew York Court of Appeals · 1997

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API