Capita v. Port Washington Yacht Club, Inc.

L. Barroít Hill, J.

In this case plaintiff sues in equity for an injunction, affirmative-in nature, in that he asks for a decree that the defendant be required to furnish lateral support- to his land.

Plaintiff and defendant are adjoining landowners in Port Washington, each owning some three acres facing Manhasset Bay on the west. The plaintiff’s parcel is to the north of defendant’s parcel and for the most part it is unoccupied, although in the sector immediately adjacent to the Bay, there are some buildings and a shipyard for small craft is operated there.

Plaintiff acquired his property on…