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Real Property Law

By ssalkin
March 01, 2019

Ownership of Shifting Beaches

Strough v. Incorporated Village of West Hampton Dunes NYLJ 12/14/18, p. 28, col. 2 AppDiv, Second Dept. (memorandum opinion)

In an action by the Town of Southampton and the Trustees of the Freeholders of the Town of Southampton for a declaratory judgment that they own land that was previously under water, the town and the trustees appealed from Supreme Court's determination dismissing the complaint as time-barred and denying their motion to dismiss current occupants' counterclaim for adverse possession. The Appellate Division modified to reinstate the complaint, holding that questions of fact precluded summary judgment.

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