Legal Opinion
Silver v. Woodbury
Appellate Division of the Supreme Court of the State of New York
Decided October 15, 1918PublishedCited by 2 opinions
Judgment unanimously affirmed, on the ground that plaintiffs’ structures having been lawfully erected above mean high-water mark did not become subject to removal without legal process, when the sea had advanced so as to flow under them.
1Opinion of the Court
The duty, if any, then to adapt the buildings in the new conditions of the sea’s advance, so as to facilitate the public rights to cross, is not before us. Because of cross-appeals, the affirmance is without costs. Present — Jenks, P. J., Thomas, Mills, Putnam and Jaycox, JJ.
2Cited by2 opinions
- Schwarzstein v. B. B. Bathing Park, Inc.Appellate Division of the Supreme Court of the State of New York · 1922
- In re the Town of HempsteadNew York Supreme Court · 1954