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When Is A Stranger Not A Stranger?

When is a stranger not a stranger?In a landmark decision from the Appellate Division, Second Department, Chris achieved a winning result for our client, establishing in a case of first impression who really is a “stranger” when considering the “stranger to the deed rule.” The “stranger to the deed rule” holds that, when a grantor executes a deed that purports to reserve or except an easement in favor of a third party, the deed does not create a valid interest in favor of that third party who is considered a “stranger to the deed.”

In the case in question, our client purchased property in a Bridgehampton subdivision (Lot 4), which, along with three other lots, on a facial reading of the relevant deeds, benefited from a pedestrian right of way to the shore of Sam’s Creek. When the client began to clear the right of way to enable use of the right of way and, ultimately, the construction of a dock, the servient estate owners (over whose property, Lot 6, the right of way ran) moved to prevent the clearing and commenced a lawsuit. Fortunately, the clients had purchased affirmative title insurance to guarantee their rights to the easement and their legal fees were paid for by the title company.


Chris and Jen recently won an appeal of a summary judgement that the Supreme Court, Suffolk County rendered against our client. In Sacasa v. Trust, plaintiffs sought to establish an easement by prescription over our client’s property to get to the ocean beach in East Hampton from their properties on Windmill Lane from Further Lane. We argued that, to establish such an easement, the plaintiffs first had to establish rights over a private road (Windmill Lane) to get to our client’s property where the alleged easement supposedly began. We further argued that the summary judgement awarded by the lower court was invalid because the judgement had been awarded without the court requiring plaintiffs to name the owners of the private road as necessary defendants. The Appellate Division, Second Department agreed with our argument and vacated the summary judgement, remanding the case to the trial court to determine which additional parties must be added to the case.



When is a stranger not a stranger?Scott and Reza represented East Hampton Shucker Company (“EHSC”) in connection with the launch of its $1 million seed funding round.

EHSC designs specialty kitchen tools and devices for shucking oysters, with both professional and home chefs in mind.

“We’re incredibly excited to introduce this market-disrupting product, designed for both commercial and in-home use, that opens oysters faster and safer than any other device. Our goal is to support the environmental multiplier effect by increasing oyster consumption while, at the same time, becoming a catalyst for more investment in oyster farms, which will clean more waterways globally,” EHSC Founder John Nicholas said. “Twomey Latham continues to be a great partner for us.”



Congratulations to Katerina for being named one of Hofstra Law’s 2021 Outstanding Women in Law. The awards celebrate women who have made a meaningful and inspiring contribution to the legal community. “We are excited to recognize such a diverse and accomplished group of outstanding women, and we are honored to be joined by Secretary Clinton.” says Judge Gail Prudenti. “This year’s honorees are steadfast advocates for the underrepresented, leaders in the profession and the community, and role models for young women.”

Outstanding Women in Law raises funds for programs of Hofstra Law, including the Center for Children, Families, and the Law, as part of Hofstra Law’s 50th Anniversary and Vision 2020 Campaign.

Outstanding Women in Law 2021



Bernadette, VP of the North Fork Breast Health Coalition, acted as Co-Chair of the 23rd Annual 5K Walk for Breast Cancer Awareness. The walk raises funds for the Coalition’s programs, including grants, and free services and products for breast cancer survivors and thrivers on the North Fork. This year’s walk had about 250 walkers and raised just under $15,000 for the organization to continue its services. Bernadette was also a sponsor for the walk.

Tuthill Walk

Christina was Co-Chair of the 2021 Walk to End Alzheimer’s held in Yaphank on September 25th. Christina presented the Opening Ceremony and was captain of Team TLSKDQ. Twomey Latham, once again, returned this year as a Silver Sponsor for the Alzheimer’s Association’s #Walk2EndAlz.

End Alzheimer's




Reza, Bryan, and Dan (+1) competed as a foursome in Peconic Bay Medical Center’s 2021 Golf Classic at Sebonack Golf Club on Tuesday, October 12. While taking in the panoramic views of Peconic Bay, the “Sultan’s of Swing”, also participated as sponsors of the event. All proceeds directly benefit the Kanas Regional Heart Center.

Dan has recently published a book entitled, Estate Planning for Snowbirds. “My hope with this book is that you will better understand the complications being a snowbird can add to your estate.”

The published price of the soft-cover book is $14.95.

Dan will gladly distribute at no cost to further his marketing efforts.

Book Cover


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