Monthly Archives: May 2019

Your Tax Dollars at “Work”: State of New York and Town of Oyster Bay Litigate Ownership of Underwater Property

Posted on May 28, 2019 | Comments Off on Your Tax Dollars at “Work”: State of New York and Town of Oyster Bay Litigate Ownership of Underwater Property

This was originally published on the SGR blog.

Brian Murphy was cited by the Town of Oyster Bay for shellfishing without a permit. Murphy was fishing in waters around the maritime boundary between Oyster Bay and Long Island Sound, ownership of which was claimed by both the Town and the State. Murphy filed suit against the Town, the State, and others. He sought a judgment declaring that the Town-issued citation was invalid because he was shellfishing in Long Island Sound, for which he had an appropriate permit from the State.

The State of New York sued the Town of Oyster Bay for a judgment declaring that the State was the owner of the disputed underwater property. Supreme Court, Nassau County, granted the State’s motion for summary judgment and denied the Town’s motion for summary judgment. And declared that the boundary line between Oyster Bay and Long Island Sound was the line running east from Rocky Point in Oyster Bay to Whitewood Point on Lloyd’s Neck; and that the  State of New York owned all of the underwater lands north of that line.

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Posted in Litigation, New York Law

Who Let the (Cat) Out?

Posted on May 20, 2019 | Comments Off on Who Let the (Cat) Out?

This post originally appeared on the SGR blog.

David Finn and his wife sued Ashlynn Anderson in Jamestown City Court for ownership/custody of a cat.

The Finns moved to Wescott Street in September of 2018. Around that time, they noticed a white cat frequently wandering onto their property looking for food. The cat was quite thin, and had no identification tags. They assumed that the four year old cat was a stray, named him “Sylvester”, and began feeding the cat in the entry-way of their home. The Finns fed Sylvester frequently for several months before bringing him into their house.

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Posted in Animals, Litigation, New York Law

It’s My Party (Wall) and I’ll (Sue) If I Want To. [It’s My Party and I’ll Cry If I Want To. Leslie Gore (1963)]

Posted on May 14, 2019 | Comments Off on It’s My Party (Wall) and I’ll (Sue) If I Want To. [It’s My Party and I’ll Cry If I Want To. Leslie Gore (1963)]

This was originally published on the SGR blog

Kai and Doris Chang own a townhouse  on East 92nd Street.  A limited liability company (LLC) owns the townhouse next door. The party wall is 40 feet high and was originally one foot thick.

The LLC hired Trident Restoration to do extensive renovations on its property, including relocating the bathrooms and kitchen and altering the building’s plumbing.

The Changs discovered a hole in the third-floor bedroom of the their townhouse; pipework anchored brackets installed on their side of the party wall, running the full height of the building; and another hole on the second floor, directly under the third-floor breach.

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Posted in New York Law, Real Estate

But Only God Can Make a Tree (Joyce Kilmer, 1914)

Posted on May 7, 2019 | Comments Off on But Only God Can Make a Tree (Joyce Kilmer, 1914)

This was originally posted in the SGR Blog.

Ironically, despite their divine origin, disputes between neighbors over trees often arise and, as a recent case illustrates, become the subject of hard fought litigation.

Shafi Ahmed and Nusrat Ahmed filed a Small Claims proceeding against their Middletown, New York neighbor,. Allen H. Zoghby . Both Parties appeared without attorneys.

The Ahmeds alleged that roots from a tree, purportedly on the property next door  owned by  Zoghby (73 Beattie Avenue), damaged the pavement and driveway located at the front of the house on their property (75 Beattie Avenue).  The Ahmeds also alleged that the tree’s roots were slowly moving under the foundation of their house and that branches from the tree on Zoghby’s property had to be cut and trimmed by them at their cost. The Ahmeds initially sued Zoghby for $3,800.00.

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Posted in Litigation