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Defendants Meyerowitz could prevent most of the infringement if their pilings had been moved on the west and south and their boat then moored at the conclusion of their dock, stern to dock, in lieu of together with it. Even though this is a quite common docking configuration, and would alleviate the issue considerably, if not fully, defendants Meyerowitz seemingly refuse to take action.
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If the foregoing determination leads to an lack of ability of defendants Meyerowitz to dock their at this time owned boat in their riparian rights is of tiny consequence to the outcome of this litigation.
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The proportional process is inapplicable towards the circumstances here, as loads 59 by 61 do not entail a cove in which the extension of lateral boundary traces would intersect with each other in some unspecified time in the future inside the cove.
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* Appendixed products are all aerial photos of the subject parcels and bordering shoreline as observed about the Nassau County Tax Assessors' Site  and are used solely for uses of depicting appropriate residence lines and shore traces.
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That events may perhaps acquiesce to certain riparian boundary lines was founded in 1852 via the Court docket of Appeals in O'Donnell v Kelsey (ten NY 412 ), wherein Judge Edmonds, producing for any unanimous find more Court, wrote (at 419) as follows: [*5]"The situation as a result appears to me that of two adjoining proprietors who settle by agreement between on their own the dividing line of their respective lands, and for someday act accordingly; and in these kinds of situation neither bash is at liberty to depart through the arrangement. "It is actually upon the doctrine of acquiescence while in the dividing line among adjoining estates, instead of on that of estoppel or adverse possession, that I do think the defendant is barred of his present declare, and It appears to me that his acquiescence may well be presumed from his various functions as in-depth in this case.
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This principle is usually set forth in 107 NY Jur. 2nd H2o § ninety which states partly: "[U]pland entrepreneurs don't have prescriptive easement legal rights, independent of their littoral legal rights, to open up waters exceptional to that of their neighbors or most people.
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In 1965 the predecessor in title to large amount 60 used for and gained a permit to install check it out a ramp, a floating dock, and a person mooring pile. A affliction of your permit issued by defendant City of Hempstead was the float pilings anchoring the southeast aspect from the dock manage an arc of no below sixty three degrees with ton 61.