Court: Dering Harbor Villagers’ lawsuit must include heirs

The heirs of former owners of properties in dispute in a lawsuit against the Village of Dering Harbor must be added as parties in the case, if it is to proceed in court, a judge ruled Thursday.

Brad Goldfard and Alfredo Paredes own 21 Shore Road; Martha Baker owns 16 Shore Road.

Last year, they jointly sued the Village over ownership of strips of land about 24 feet deep along Shore Road that to all outward appearances are part of their yards. The Village initially claimed it owns the land — remants of roadways that in early development schemes were planned to a width of 60 feet but were never paved beyond about 16 feet. Such parcels exist throughout the Village and generally were long ago transferred to owners of abutting lots.

The three residents argued that the roadside strips were conveyed to them when they purchased their homes on the main parcels. From the outset, the Village has called for the case to be dismissed, arguing (among other reasons) that the residents failed to including heirs of previous owners who may still hold title to the disputed strips.

Research reported by the court shows the last known owners were James W. Hubbell, whose widow sold 21 Shore Road after his death in 1944, and Howard A. Raymond, who once owned the Baker residence. The ruling by Judge Joseph C. Pastroessa of the Supreme Court of the State of New York, directs the plaintiffs to add the heirs of these former owners as parties to the suit.

“It doesn’t mean the case is over, but it is favorable for the village,” Village Mayor Tim Hogue told the Reporter on Monday. “What it does establish is that they went out and filed this lawsuit without doing their research or homework, and it kind of caught up with them.”

Linda Margolin, an attorney for the plaintiffs, said her clients had offered to add the heirs, but the Village had ignored their letter requesting permission to do so.

“The Village has spent lots of time and money on this to get something that we were willing to do all along,” she said. “One way or the other, the lawsuit is going to go on.”

Mayor Hogue said the Village still hopes to recoup its legal costs, already over $30,000.