Legal Opinion

KERNAN, DAVID H. v. WILLIAMS, TRAJANKA

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

Decided February 6, 2015No. CA 13-02001Published

1Opinion of the Court

Appeal from a judgment of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered February 19, 2013. The judgment declared the rights of the parties with respect to certain underwater land in North Bay.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the first decretal paragraph and the phrase “interference with the plaintiffs’ ownership rights” in the third decretal paragraph and as modified the judgment is affirmed without costs in accordance with the following memorandum: Plaintiffs commenced this action pursuant to RPAPL…

2Cases cited10 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Castaways Motel v. SchuylerNew York Court of Appeals · 1969
  3. Bergstrom v. McChesneyAppellate Division of the Supreme Court of the State of New York · 2012
  4. Smith v. . BartlettNew York Court of Appeals · 1905
  5. Castaways Motel v. SchuylerNew York Court of Appeals · 1969

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