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.
Read the full summary
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…
1Opinion of the Court
Putnam, J.:
The prior decision (Tiffany v. Town of Oyster Bay, 209 N. Y. 1) held that the prior Andros patent took away from the State the power to grant to upland owners .on this harbor any rights in lands below high-water mark. But it did not settle what were the town’s rights and powers in the soil beneath Cold Spring Harbor. Such town title is subject to public rights of navigation and to the rights of 'access by riparian owners. (Town of Brookhaven v. Smith, 188 N. Y. 74, 78.) As patentee of the grant including this harbor, has the town the right to erect bathhouses upon this filled-in…
2Cases cited11 opinions
- Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
- Haebler v. . MyersNew York Court of Appeals · 1892
- Mulry v. . NortonNew York Court of Appeals · 1885
- Rogers v. JonesNew York Supreme Court · 1828
- Tiffany v. . Town of Oyster BayNew York Court of Appeals · 1913
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Tiffany v. . Town of Oyster BayNew York Court of Appeals · 1922
- Harway Improvement Co. v. PartridgeAppellate Division of the Supreme Court of the State of New York · 1922
- Gucker v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1934
- Nevins v. FriedauerNew York Supreme Court · 1920
- Auburn & Syracuse Electric Railroad v. JaeckelNew York Supreme Court · 1922
1 more not listed; retrieve them via the Exa API.