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SEAVIEW AT AMAGANSETT, LTD. v. TRUSTEES OF FREEHOLDERS & COMMONALTY OF TOWN OF EAST HAMPTON

2015-08406, Index No. 34714/09.

142 A.D.3d 1066 (2016)

38 N.Y.S.3d 212

SEAVIEW AT AMAGANSETT, LTD., et al., Respondents, v. TRUSTEES OF FREEHOLDERS AND COMMONALTY OF TOWN OF EAST HAMPTON et al., Appellants, et al., Defendants.

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

Decided September 21, 2016.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

This action involves the issue of use of an ocean beach in the Town of East Hampton which is on or adjacent to properties owned by the plaintiffs. In 2009, the plaintiffs commenced this action pursuant to RPAPL article 15 for a judgment declaring that they are the owners in fee simple absolute of those portions of the disputed properties that extend to the mean high-water mark of...

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