Jo Ann Homes at Bellmore v. Aaron Dworetz Et Al‪.‬

[25 N.Y.2d 112 Page 116] Aaron Dworetz, John Arnold and Harvey Kaliff purchased a large peninsula of land in South Bellmore, New York, in 1959 for
construction purposes. At that time, the peninsula was marshland, covered with spongy, compressible bog. In reclaiming the
land, a dredging operation was necessary to fill it to the required grade. Defendants Dworetz, Arnold and Kaliff began this
operation by obtaining a permit from Army engineers to dredge the waters off the peninsula. A second permit was issued by
the Hempstead Town Board to dredge and fill 250,000 cubic yards. A subsequent modification increased the authorized dredge
to 900,000 yards and extended the permit to February 18, 1962.