The plaintiffs sued the Bureau of Waste Disposal of the Department of Sanitation of the City of New York for causing damage to their property next to the Gowanus Canal, which is used by the defendant for waste disposal. The plaintiffs claimed that the defendant's barges and tugboats damaged their riparian rights, which include access to a navigable river or body of water. The court found that the defendant had effectively denied the plaintiffs their riparian rights to access the canal. The court also rejected the defendant's argument that the Supreme Court made an error in determining the value of the riparian rights taken and awarding attorney's fees based on the plaintiffs' retainer agreement with their attorney.
627 Smith St. Corp. v. Bureau of Waste Disposal of the Department of Sanitation (2001)
New York Supreme Court, Appellate Division
289 A.D.2d 472, 735 N.Y.S.2d 555
Learn more about this case at
https://www.lsd.law/briefs/view/627-smith-st-corp-v-bureau-of-waste-disposal-of-the-department-of-sanitation-9418128
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