| Macklowe v Trustees of Freeholders & Commonalty of Town ofE. Hampton |
| 2013 NY Slip Op 06840 [110 AD3d 964] |
| October 23, 2013 |
| Appellate Division, Second Department |
| Lloyd Macklowe et al., Respondents, v Trustees ofFreeholders and Commonalty of Town of East Hampton et al.,Appellants. |
—[*1] Esseks, Hefter & Angel, LLP, Riverhead, N.Y. (Anthony C. Pasca, NancySilverman, and William P. Maloney of counsel), and Ackerman, O'Brien, Pachman &Brown, LLP, East Hampton, N.Y. (Leonard Ackerman of counsel), for respondents (onebrief filed).
In an action pursuant to RPAPL article 15 to compel the determination of a claim toreal property, the defendants appeal, as limited by their brief, from so much of ajudgment of the Supreme Court, Suffolk County (Whelan, J.), entered April 16, 2012, as,upon a decision of the same court dated March 2, 2012, made after a nonjury trial, is infavor of the plaintiffs and against them declaring that the southern boundary of theplaintiffs' property is an ambulatory line defined by the location of the average southerlyline of beach grass on the beach of the Atlantic Ocean, and that the defendants have notitle to the lands lying north of such average southerly line of beach grass within the eastand west bounds of the plaintiffs' property.
Ordered that the judgment is affirmed insofar as appealed from, with costs.
"On an appeal from a judgment after a nonjury trial, this Court's power to review theevidence is as broad as that of the trial court, and this Court may render the judgment itfinds warranted by the facts, giving due regard to the trial court, which had the advantageof assessing the credibility of the witnesses" (Rock v Rock, 100 AD3d 614, 615-616 [2012]; seeNorthern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492,499 [1983]; Parry vMurphy, 79 AD3d 713, 714-715 [2010]). Here, the record supports the SupremeCourt's determination that the plaintiffs hold title to the disputed lands north of anambulatory line defined by the location of the average southerly line of beach grass onthe beach of the Atlantic Ocean (see Trustees of Freeholders & Commonality ofTown of Southampton v Buoninfante, 303 AD2d 579, 580 [2003]; see alsoMatter of Common Council of City of Brooklyn, 73 NY 179, 184 [1878]; Ryan vBoucher, 144 AD2d 144, 145 [1988]; cf. Earl v Smithler, 195 AD2d 969[1993]). Accordingly, we decline to disturb the Supreme Court's determination. Skelos,J.P., Dickerson, Hall and Miller, JJ., concur. [Prior Case History: 34 Misc 3d1237(A), 2012 NY Slip Op 50452(U).]