Majority
p. 937Barne Silver, Appellant, and Silver’s Bathing Pavilion, Inc., Plaintiff, v. Egburt E. Woodbury, as Attorney-General of the State of New York, and Israel M. Lerner, Individually and as Deputy Attorney-General of the State of New York, Appellants, and Others, Defendants.
Headnote
Judgment unanimously affirmed, on the ground that plaintiffs’ structures having been lawfully erected above mean high-water mark did not become subject to removal without legal process, when the sea had advanced so as to flow under them.The duty, if any, then to adapt the buildings in the new conditions of the sea’s advance, so as to facilitate the public rights to cross, is not before us. Because of cross-appeals, the affirmance is without costs. Present — Jenks, P. J., Thomas, Mills, Putnam and Jaycox, JJ.