Gucker v. Town of Huntington

With the determination of the majority that the judgments should be modified in the respects indicated and as so modified affirmed, with emendations of findings, I am not in serious disagreement. However, I believe that there should be a new trial.

Originally the claim by plaintiffs of title to the sand bar was the principal issue presented. No title was established (241 App. Div. 494). With this determination the Court of Appeals was in evident agreement, although there was reversal and a new trial granted to enable plaintiffs to establish their riparian rights without resort to a new action…