Estelle v. Blaser

Appellate Division of the Supreme Court of New York

Estelle v. Blaser

192 A.D.2d 1080, 596 N.Y.S.2d 607

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 14, 1993

DocketAppeal No. 2

StatusPublished

This text of 192 A.D.2d 1080 (Estelle v. Blaser) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Estelle v. Blaser, 192 A.D.2d 1080, 596 N.Y.S.2d 607 (N.Y. Ct. App. 1993).

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Opinion

—Judgment unanimously affirmed with costs. Memorandum: We find no basis to disturb Supreme Court’s apportionment of the disputed land between the parties. That apportionment comports with the general rule that, where, as here, an individual wrongfully fills in the public water opposite the property of an upland owner, the upland owner’s property still extends to the water line and the filled-in frontage becomes the property of the upland owner (see, 1 Warren’s Weed, New York Real Property, Accretion, § 2.06 [4th ed]; see also, Steers v City of Brooklyn, 101 NY 51; In re Hutchinson Riv. Parkway Extension, 14 NYS2d 692, mod on other grounds 260 App Div 999, affd 285 NY 587). (Appeal from Judgment of Supreme Court, Wayne County, Strobridge, J. — RPAPL article 15.) Present— Callahan, J. P., Pine, Balio, Lawton and Doerr, JJ.

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—Judgment unanimously affirmed with costs. Memorandum: We find no basis to disturb Supreme Court’s apportionment of the disputed land between the parties. That apportionment comports with the general rule that, where, as here, an individual wrongfully fills in the public water opposite the property of an upland owner, the upland owner’s property still extends to the water line and the filled-in frontage becomes the property of the upland owner (see, 1 Warren’s Weed, New York Real Property, Accretion, § 2.06 [4th ed]; see also, Steers v City of Brooklyn, 101 NY 51; In re Hutchinson Riv. Parkway Extension, 14 NYS2d 692, mod on other grounds 260 App Div 999, affd 285 NY 587). (Appeal from Judgment of Supreme Court, Wayne County, Strobridge, J. — RPAPL article 15.) Present— Callahan, J. P., Pine, Balio, Lawton and Doerr, JJ.

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192 A.D.2d 1080, 596 N.Y.S.2d 607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estelle-v-blaser-nyappdiv-1993.

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