Quaglia v. Inc. Vill. of Munsey Park, 377 N.E.2d 473 (NY 1978). · Go Syfert
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Quaglia v. Inc. Vill. of Munsey Park, 377 N.E.2d 473 (NY 1978). Cases Citing This Book View Copy Cite
22 citation events (4 in the last 25 years) across 6 distinct courts.
Strongest positive: Tilcon New York, Inc. v. Town of Poughkeepsie (nyappdiv, 2011-09-27)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited "see, e.g." Tilcon New York, Inc. v. Town of Poughkeepsie
N.Y. App. Div. · 2011 · signal: see also · confidence medium
Materials v Town Bd. of Town of Rotterdam, 37 AD2d 357, 360 [1971], affd 32 NY2d 890 [1973]; see also Quaglia v Incorporated Vil. of Munsey Park, 44 NY2d 772, 774 [1978]).
examined Cited "see, e.g." Voss v. City of Middleton (4×)
Wis. · 1991 · signal: see also · confidence low
See also Quaglia v. Incorporated Village of Munsey Park, 54 A.D.2d 434 , 389 N.Y.S.2d 616, 618-20 (1976), aff'd 377 N.E.2d 473 , 44 N.Y.2d 772 , 406 N.Y.S.2d 30 (1978) (property owner abutting street in another municipality which is blocked off by barricade has right to have street remain unobstructed).
Retrieving the full opinion text from the archive…
Louis F. Quaglia et al., Respondents,
v.
Incorporated Village of Munsey Park, Appellant.
New York Court of Appeals.
Apr 27, 1978.
377 N.E.2d 473
Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke Concur in Memorandum.
Cited by 21 opinions  |  Published

Fred A. Williams for appellant.

Patrick J. Rohan and Michael P. Sanchirico for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

[*774] MEMORANDUM.

Order of the Appellate Division affirmed, with costs in all courts. The village as a municipal body enacting laws or adopting ordinances or resolutions with respect to its public responsibilities may act only in furtherance of a public purpose. Despite a meticulous and byzantine delineation of resolutions, map changes, and transfers and retransfers of title over a 40-year period centered on a three-foot strip of land purportedly detached from a public street, no plausible public purpose is made apparent or even argued to be served. By the erection of a stone barrier in 1975 on this three-foot strip plaintiffs are purposelessly denied access from their residence to the abutting public street. Neither the law nor the courts may or should be used to serve such an act. When no public purpose is perceived to be served, an owner may not be denied access to a public street (see Regan v Lanze, 40 N.Y.2d 475, 482-483; 10 McQuillin, Municipal Corporations [3d ed, 1966 rev vol], § 30.54; cf. Farrell v Rose, 253 N.Y. 73, 76).

Order affirmed, etc.