Town of Hempstead v. Oceanside Yacht Harbor, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHopkins, Acting P. J.
By colonial grants the plaintiffs are the owners of the land under water adjacent to the upland owned by the defendant, bordering East Rockaway Channel. On the upland is a bulkhead from which ramps, rising and falling with the tide, are attached to floating docks. Mooring slips, also known as fingers, extend from the floating docks and are rented to the defendant’s customers.
The plaintiffs sue to recover the reasonable rental value of the use and occupation of their land under water by the defendant in the operation of its business as a marina. The plaintiffs’ theory is that the defendant,…
2Cases cited13 opinions
- Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
- Rumsey v. New York & New England R. R.New York Court of Appeals · 1892
- City of New York v. Wilson & Co.New York Court of Appeals · 1938
- Tiffany v. . Town of Oyster BayNew York Court of Appeals · 1922
- Bedlow v. New York Floating Dry Dock Co.New York Court of Appeals · 1889
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Romeo v. SherryDistrict Court, E.D. New York · 2004
- Brusco Towboat Co. v. State Ex Rel. State Land BoardOregon Supreme Court · 1978
- Haher's Sodus Point Bait Shop, Inc. v. WigleAppellate Division of the Supreme Court of the State of New York · 1988
- 627 Smith St. Corp. v. Bureau of Waste Disposal of the Department of SanitationAppellate Division of the Supreme Court of the State of New York · 2001
- Bravo v. TerstiegeAppellate Division of the Supreme Court of the State of New York · 1993
13 more not listed; retrieve them via the Exa API.