Marine Air Ways, Inc. v. State

Appellate Division of the Supreme Court of New York

Marine Air Ways, Inc. v. State

280 A.D. 1021, 116 N.Y.S.2d 778, 1952 N.Y. App. Div. LEXIS 4584

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

DecidedNovember 17, 1952

DocketClaim No. 29905

StatusPublished

Cited by5 cases

This text of 280 A.D. 1021 (Marine Air Ways, Inc. v. State) 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

Marine Air Ways, Inc. v. State, 280 A.D. 1021, 116 N.Y.S.2d 778, 1952 N.Y. App. Div. LEXIS 4584 (N.Y. Ct. App. 1952).

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Opinion

-Appeal from a judgment of the Court of Claims which dismissed a claim against the State. With the consent of the Federal authorities the State constructed a bridge over Roslyn Creek, Long Island, N. Y., in connection with the improvement of a State highway. Roslyn Creek is a navigable body of water. Claimant owns land fronting thereon and is engaged in the business of storing and repairing boats and yachts. The bridge in question has a clearance of fifty feet over mean high water. The sailboats serviced at claimant’s yard prior to its construction were equipped with masts of an average height of from fifty-three to fifty-five feet. The claim herein is essentially for loss of business due to the inability of such boats to pass under the bridge, and a consequent diminution in the value of claimant’s property. The court below held that claimant's right of access was not actionably interfered with, and that any limitation upon navigation involved a public and not a private right for which the State was not liable. Judgment affirmed, without costs. Foster, P. J., Brewster, Bergan and Coon, JJ., concur; Heffernan, J., taking no part. [201 Mise. 349.]

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-Appeal from a judgment of the Court of Claims which dismissed a claim against the State. With the consent of the Federal authorities the State constructed a bridge over Roslyn Creek, Long Island, N. Y., in connection with the improvement of a State highway. Roslyn Creek is a navigable body of water. Claimant owns land fronting thereon and is engaged in the business of storing and repairing boats and yachts. The bridge in question has a clearance of fifty feet over mean high water. The sailboats serviced at claimant’s yard prior to its construction were equipped with masts of an average height of from fifty-three to fifty-five feet. The claim herein is essentially for loss of business due to the inability of such boats to pass under the bridge, and a consequent diminution in the value of claimant’s property. The court below held that claimant's right of access was not actionably interfered with, and that any limitation upon navigation involved a public and not a private right for which the State was not liable. Judgment affirmed, without costs. Foster, P. J., Brewster, Bergan and Coon, JJ., concur; Heffernan, J., taking no part. [201 Mise. 349.]

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Bluebook (online)

280 A.D. 1021, 116 N.Y.S.2d 778, 1952 N.Y. App. Div. LEXIS 4584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marine-air-ways-inc-v-state-nyappdiv-1952.

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