A recent ruling by the Appellate Division of the Supreme Court of the State of New York has settled a dispute between two property owners in Merrick Bay regarding the construction of a pier and dock. The court found that the dock built by John Bortolis unlawfully interfered with the riparian rights of his neighbors, Jeffrey B. Clancy and others. This decision is significant for property owners along navigable waterways, as it clarifies the limits of riparian rights and the responsibilities of dock owners.
The case, officially titled Matter of Clancy v. Bortolis (Docket No. 2022-03191), originated from a hybrid proceeding under the New York Civil Practice Law and Rules (CPLR) and involved a request for a permanent injunction against Bortolis. The plaintiffs argued that Bortolis's dock, which extended 75 feet from his property, obstructed their access to the water, thus violating their riparian rights.
The dispute began in 2019 when Bortolis constructed his dock. After the construction, he acquired a boat that required at least four feet of water to dock, which further complicated the situation. Clancy and the other plaintiffs sought legal action, claiming that Bortolis's structure unlawfully impeded their access to the navigable waters of Merrick Bay. The case eventually reached the Appellate Division after the Supreme Court ruled against Bortolis in earlier orders.
In its ruling on May 20, 2026, the Appellate Division upheld the Supreme Court's earlier decisions. The court directed Bortolis to shorten his pier and relocate his dock so that neither structure extended beyond 55 feet from his property line by September 29, 2022. The judges involved in the ruling included Lara J. Genovesi, Linda Christopher, Lillian Wan, and Donna-Marie E. Golia.
The court stated, "The evidence at trial also showed that the defendant would still have the preferred four feet of water in the area where his boat lift would be placed if the defendant's pier were shortened to extend to approximately 45 feet and the dock were shortened to extend to approximately 55 feet from his property line." This statement highlights the court's emphasis on balancing the rights of both parties while ensuring reasonable access to the water.
Additionally, the court denied Bortolis's motion to set aside the earlier order, which he claimed was based on newly discovered evidence. The court found that Bortolis failed to demonstrate that this evidence was previously inaccessible and therefore upheld the earlier ruling.
The implications of this ruling are significant for property owners along waterways. It reinforces the notion that while riparian rights allow property owners access to navigable waters, these rights are not absolute and must be balanced against the rights of neighboring property owners. The court emphasized that what constitutes reasonable access must be determined on a case-by-case basis, taking into account the specific circumstances of each situation.
This ruling may also set a precedent for similar disputes in the future, as it clarifies the responsibilities of dock owners in relation to their neighbors' rights. Property owners who wish to build docks or piers must now be more aware of how their constructions may affect the access rights of others.
Moving forward, Bortolis has limited options for appeal. The court's decision to dismiss his appeal from the March 29, 2022, order indicates that he will need to comply with the court's directive to modify his dock and pier. There is no indication in the court filing that there are any related cases pending that could impact this ruling.
In summary, the court's decision in Matter of Clancy v. Bortolis serves as a crucial reminder of the importance of respecting riparian rights and the need for property owners to consider the implications of their constructions on neighboring properties. This case underscores the ongoing legal complexities surrounding property rights and access to navigable waters in New York.