Legal Opinion

Macklowe v. Trustees of Freeholders & Commonalty

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

Decided October 23, 2013Published

1Opinion of the Court

In an action pursuant to RPAPL article 15 to compel the determination of a claim to real property, the defendants appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Suffolk County (Whelan, J.), entered April 16, 2012, as, upon a decision of the same court dated March 2, 2012, made after a nonjury trial, is in favor of the plaintiffs and against them declaring that the southern boundary of the plaintiffs’ property is an ambulatory line defined by the location of the average southerly line of beach grass on the beach of the *965Atlantic Ocean, and that the…

2Cases cited7 opinions

  1. Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
  2. In Re Common Council Ex Rel. Opening of North Thirteenth StreetNew York Court of Appeals · 1878
  3. Parry v. MurphyAppellate Division of the Supreme Court of the State of New York · 2010
  4. Rock v. RockAppellate Division of the Supreme Court of the State of New York · 2012
  5. Ryan v. BoucherAppellate Division of the Supreme Court of the State of New York · 1988

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