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INCORPORATED VILLAGE OF ASHAROKEN v. LONG ISLAND LIGHTING COMPANY

57 A.D.3d 735 (2008)

869 N.Y.S.2d 590

INCORPORATED VILLAGE OF ASHAROKEN et al., Appellants, v. LONG ISLAND LIGHTING COMPANY, Respondent. (Action No. 1.) ANTHONY SBARRO et al., Plaintiffs, and ARNOLD GALLO, Appellant, v. LONG ISLAND LIGHTING COMPANY, Respondent. (Action No. 2.)

Appellate Division of the Supreme Court of New York, Second Department.

December 16, 2008.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The defendant in these two actions maintains jetties and channels in Long Island Sound in connection with the operation of a power station. These structures block sand that would otherwise naturally accrete onto the shores of Asharoken Beach. Pursuant to the conditions of its permit from the United States Army Corps of Engineers that allows it to maintain these structures, the defendant is...

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