Smith v. Gagliardi

Order denying an application pursuant to article 78 to review a determination of the board of trustees of the village of Larehmont discontinuing ten feet of a public street at its easterly terminus reversed on the law and the facts, without costs, and matter remitted to Special Term for trial pursuant to sections 1295 and 1296 of the Civil Practice Act on the issues presented by the pleadings and accompanying papers. Woodland Avenue is not the exclusive property of the village and its residents (People v. Kerr, 27 N. T. 188, 212, 213); it is impressed with a trust for use by all of the public…