Durham v. Ingrassia

OPINION OF THE COURT

Arthur D. Spatt, J.

BACKGROUND

This is an action wherein plaintiff Michael E. Durham seeks a declaratory judgment determining that he has exclusive ownership and right of use of a 100-foot bulkhead and walkway located at the westerly edge of his residence, 2 Cedar Lane, Massapequa, New York. Said bulkhead and walkway abut the navigable waters of the Massapequa Creek.

The defendants are neighbors of plaintiff, who reside at 4, 6 and 8 Cedar Lane. These parcels are landlocked prop*192erty and defendants claim that they have a right, equal to plaintiff’s, to use the bulkhead and…