Appellate Division of the Supreme Court of the State of New York September 15, 2009 (City of New York v. Gowanus Industrial Park, Inc.)

In an action, inter alia, for a judgment pursuant to Environmental Conservation Law § 15-0701 (6) declaring that the defendant’s construction of a wall along the northern terminus of the Henry Street Basin unlawfully interferes with the plaintiffs riparian rights in and to the Henry Street Basin, and a mandatory injunction compelling the plaintiff to remove that wall or cause it to be removed,