97 A.D.2d 781 | N.Y. App. Div. | 1983
In an action, inter alia, for a judgment quieting title to certain land in or abutting Huntington Harbor and declaring the relative rights of the parties, plaintiffs appeal, as limited by their notice of appeal and brief, from so much of an amended interlocutory judgment of the Supreme Court, Suffolk County (Mclnerney, J.), dated August 24,1982, as, following a nonjury trial, inter alia, amended a prior interlocutory judgment of the same court entered February 22, 1977, so as to declare that “the use of [the subject property] and the adjacent area off-shore under the waters of Huntington Harbor by the defendants Joseph A. Gazza and Eugene L. Gazza or their tenants for a marina capable of accommodating approximately 250 pleasure boats with improvements to provide access and accommodations for attending to the needs of those using the slips, including sanitary facilities, on the premises of [sic] above described and providing for the unloading of oil from tankers by a pipeline extending along a main fixed pier is and would be a reasonable exercise of their riparian rights”. Amended interlocutory judgment affirmed insofar as appealed from, without costs or disbursements. Plaintiffs, the Board of Trustees of the Town of Huntington and the Town of Huntington, commenced this action in 1973 to determine rights of ownership and possession of certain real property located on the west side of Huntington Harbor in the Town of Huntington. The complaint also sought damages and an injunction prohibiting the storing, parking and repair of commercial boats and boat trailers on the property. The defendants’ answer denied the essential allegations of the complaint and imposed two counterclaims, one for a declaration