Legal Opinion

Tucci v. Salzhauer

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

Decided October 24, 1972PublishedCited by 7 opinions

1Opinion of the Court

In an action to enjoin defendant (a) from preventing plaintiff from clearing for pedestrian use a right of way over defendant’s property to the high water mark of- Hempstead Harbor, upon which defendant’s property fronts (first cause of action), and (b) from interfering with plaintiff’s rights under the doctrine of “ jus publicum ” to use the land between the high and low water marks of Hempstead Harbor in front of defendant’s property (second cause of action), plaintiff appeals, as limited by his notice of appeal and his brief, from so much of a judgment of the Supreme Court, Nassau County,…

2Cases cited5 opinions

  1. Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
  2. Tiffany v. . Town of Oyster BayNew York Court of Appeals · 1922
  3. Barnes v. . Midland R.R. Terminal Co.New York Court of Appeals · 1908
  4. Caronia v. MullerAppellate Division of the Supreme Court of the State of New York · 1937
  5. Falco v. MinznerNew York Supreme Court · 1961

3Cited by7 opinions

  1. Poster v. StroughAppellate Division of the Supreme Court of the State of New York · 2002
  2. Marra v. SimidianAppellate Division of the Supreme Court of the State of New York · 1981
  3. Trustees of Southampton v. HeilnerNew York Supreme Court · 1975
  4. United States v. Emma M. Kane, Town of North Hempstead, Emma M. Kane v. Clifford L. Alexander, Jr., Secretary of the Army, on Counter-Claim-AppelleeCourt of Appeals for the Second Circuit · 1979
  5. Seaview at Amagansett, Ltd. v. Trustees of Freeholders & Commonalty of Town of E. HamptonAppellate Division of the Supreme Court of the State of New York · 2021

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