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The Court for that reason rejects the argument by defendants Newman that, pursuant to O'Donnell v. Kelsey, 10 NY 412, the functions or their predecessors in title have "acquiesced" voluntarily in The existing arrangement. As the Newmans' ongoing fascination in the end result of this situation is clear, It might be untimely to dismiss them from the situation.

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Accordingly, since You can find an issue of point as to how the varied permissible techniques would affect the events, the Court docket cannot determine, as a make a difference of legislation, which strategy would generate one of the most reasonable result.

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Motion [sequence #seven] by plaintiff for an get pursuant to CPLR 3212 awarding him summary judgment on the 1st cause of motion, declaring that the get-togethers' riparian legal rights shall be based on extending the lateral on-shore house lines out into Merrick Bay, and dismissing the 2nd, 3rd, and fourth counterclaims asserted by defendants Meyerowitz is [*2]granted only for the extent of dismissing the Meyerowitz' 2nd and third counterclaims.

The time period riparian legal rights refers back to the interests of land house owners whose property abuts a river or stream. When The problem requires lands adjacent to tidal navigable waters for example Merrick Bay, the proper phrase is littoral legal rights. (7 Warren's Weed, New York Authentic Home § seventy seven.

Inasmuch as any this kind of resolve should essentially entail equally the northern and southern lateral boundaries with the Meyerowitz residence, that resolve may perhaps influence the Newmans also.

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As spelled out in Warren's Weed at §77.39(four) "As being the adjacent landowner's use [in the area waters outshore of his neighbor] wasn't A personal property right, but only as members of most people, they get hold of no personal proper to the use of the area by their riparian or littoral position. Nor do they get hold of any ideal to the continued use on the frontage of their neighbor by prior use."

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Since it is undisputed that none of the prevailing docks felice muraca or watercraft in use with the functions impedes the public's typical navigability upon Merrick Bay, this court docket has authority to adjudicate the conflict involving Muraca, Meyerowitz and Newman's respective riparian statements notwithstanding the Town's possession in the underwater lands.

However, because the northerly boundary line of the strip intersects with the shoreline at much more than a 90-degree angle plus the parallel southerly boundary line intersects at a lot less than a 90-diploma angle, Meyerowitz' water frontage is actually around fifteen toes lengthy.

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