Rulings of the New York State Supreme Court.
Benson Reservations - The Breakers Motel, inc., et. al., v. Sunbeach
Montauk II and Nicola Biase.
- 1988 ruling denying defendant's motion
to dismissby Justice William L. Underwood, Jr., J.S.C., of the New York
State Supreme Court at Riverhead for failure to join necessary parties pursuant
to CPLR §1001.
- Summary Judgment dated 2/18/94 by
Justice William L. Underwood, Jr., J.S.C., of the New York State Supreme Court
- Unanimous Decision and Order of the
Appellate Division of the New York State Supreme Court, Second Department,
at Brooklyn, 2/13/96
- Denial of direct motion for leave to appeal to the New York State
Court of Appeals, 9/10/96
- Motion papers submited by the MFOP corp.
- Underwood order of 3/26/97
amending/reflecting February 18th, 1994 Summary judgment and order.
- Pharoah vs. Benson, et. al. Trial was during the winter of 1909,
decision in 1910. Upheld on appeal 1914. This case was brought subsequent to an
enabling act by the NYS assembly on behalf of the Montauk tribe of Indians. The
defendants were the claimants of fee title to land within the lands purchased
from the Indians in 1687 and covenanted agreements dated 1702/3 and 1754.
- Sept. 1851 ruling of the Honorable
Nathan B. Morse in the case of Henry P. Hedges et. al. [the proprietors of
Montauk] vs. The Trustees of the Freeholders and Commonalty of the Town of East
Hampton This case caused the Town of East Hampton, then governed by
the Trustees under the Dongan Pattent, to give up all claim to the possession
and management of Montauk. Deed to Montauk transferred by court order on March
9th, 1852. On April 2nd, 1852, Montauk was incorporated by act of the New York
State Assembly at Chapter 139 of the laws of 1852.
- Ficalora v. Guarneri & Town of East Hampton - fascinating case started
July 1997 to protect perimiter of the Hither Plain and Bathing Reservations.
Before appellate Division as of May 15th, 1998
- Curtiss Wright corporation vs. the Town of East Hampton, appellate
decision in favor of Town in its exercise of the police powers of zoning in the
Hither Woods (1982).
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Last Updated June 10th, 1997 by Bob