The Supreme Court, Suffolk County, after a trial, resolved a boundary dispute between a landowner and the East Hampton Town Trustees by concluding that the landowner held title up to the “line of beach grass on the beach of the Atlantic Ocean,” in Macklowe v. Trustees of the Town of East Hampton, Suffolk Index No. 8740-08. The court rejected the Trustees’ claim that the beach grass line should be considered a fixed boundary and instead agreed with the landowner that the boundary was ambulatory.
The Supreme Court, Suffolk County overturned a planning board’s denial of a site plan for a single family residence in 55 Wainscott Hollow, LLC v. Planning Board of Appeals of the Town of East Hampton, Index No. 09-49444
The Appellate Division, Second Department upheld the validity of a construction management contract with a school district in East Hampton Union Free School District v. Sandpebble Builders, Inc., 2011 NY Slip Op 9261
The Appellate Division, Second Department upheld the dismissal of neighbor’s attempt to challenge a homeowner’s variance authorizing construction of a tennis court in Birch Tree Partners, LLC v. Zoning Board of Appeals of Town of East Hampton, 2011 NY Slip Op 9121
The Appellate Division, Second Department upheld the rights of an owner benefitted by an easement and right of way over another property, from the street to the beach and waters of the Long Island Sound, in Zhang v Coritsidis, 2011 NY Slip Op 8934
The Commercial Division of the Supreme Court, Suffolk County found in favor of the plaintiff, after trial, on its claims against an attorney/escrow agent for breach of fiduciary duty and breach of an escrow agreement, in New Suffolk Marina, LLC v. New Suffolk Shipyard, L.P., Index No. 19558.
EHA Managing Partner, Stephen R. Angel, conducted a continuing legal and professional education seminar to lawyers, land surveyors, and engineers, entitled, “New York Land Boundaries and Access Rights.” The topics of Mr. Angel’s presentation included rights of way and easements, boundary disputes, adverse possession, and riparian and water rights.
The Commercial Division of the Supreme Court, Suffolk County granted a mortgagee summary judgment in a foreclosure action involving a commercial property in Sag Harbor in Sag Harbor Land, LLC v. Sag Dev. Partners, LLC, 2011 NY Slip Op 32671U
The Appellate Division, Second Department upheld the dismissal of a discovery proceeding in Surrogate’s Court, in Matter of Bennett, 84 A.D.3d 1365
The Supreme Court, Suffolk County overturned a zoning board’s denial of the special permit and variances needed to allow a public library’s modest expansion, in East Hampton Library v. Zoning Board of Appeals of the Village of East Hampton, 31 Misc. 3d 1231A