Legal Opinion

Jo Ann Homes at Bellmore, Inc. v. Dworetz

New York Court of Appeals

Decided July 2, 1969No. Case No. 1; Case No. 2PublishedCited by 193 opinions

1Opinion of the CourtBurke, J.

Aaron Dworetz, John Arnold and Harvey Kaliff purchased a large peninsula of land in South Bellmore, New York, in 1959 for construction purposes. At that time, the peninsula was marshland, covered with spongy, compressible bog. In reclaiming the land, a dredging operation was necessary to fill it to the required grade. Defendants Dworetz, Arnold and Kaliff began this operation by obtaining a permit from Army engineers to dredge the waters off the peninsula. A second permit was issued by the Hempstead Town Board to dredge and fill 250,000 cubic yards. A subsequent modification increased the…

2Cases cited2 opinions

  1. Dudley v. Congregation of the Third Order of St. FrancisNew York Court of Appeals · 1893
  2. Reichert v. . StilwellNew York Court of Appeals · 1902

3Cited by193 opinions

  1. Merrill Lynch & Co. Inc. v. Allegheny Energy, Inc.Court of Appeals for the Second Circuit · 2007
  2. Suez Equity Investors, L.P. v. Toronto-Dominion BankCourt of Appeals for the Second Circuit · 2001
  3. Marine Midland Bank v. John E. Russo Produce Co.New York Court of Appeals · 1980
  4. Fed. Sec. L. Rep. P 96,875 Citibank, N.A. v. K-H Corporation and Kelsey-Hayes CompanyCourt of Appeals for the Second Circuit · 1992
  5. Mallis v. Bankers Trust Co.Court of Appeals for the Second Circuit · 1980

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