As expected, New York State Supreme Court justice Melvyn Tanenbaum denied the plaintiff's request for a summary judgement in the case involving access to a stretch of beach in Napeague. This judge handed down a similar ruling in a lawsuit involving The White Sands Motel earlier this year. In both cases, he cited the same testimony from a 95-year-old fisherman that the people have been using that mile-long stretch of beach for as long as he could remember. The justice argued:
"Substantial issues of fact exist concerning whether a prescriptive easement exists based on the public's use of the beachfront property for the past 90 years.."The judge ordered the plaintiffs in both cases to prepare for a joint trial. The case now proceeds to the discovery phase, after which either side could request a summary judgement in the case. In the meantime, "The Trustees are pleased with the outcome," according to their attorney Anthony Tohill. · Justice Orders Second Napeague Lawsuit To Proceed To Trial [27 East]
· All Prior Napeague Beach Access Lawsuit Coverage [Curbed Hamptons]
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