Toltec Watershed Improvement District v. Johnston

Differing from the majority approval of the trial court summary judgment, I respectfully dissent.

As suitably stated by Judge Younger in 500 West 174 Street v. Vasquez, 67 Misc.2d 993, 325 N.Y.S.2d 256, 257 (1971):

“Perhaps chief among the assurances which together make up the social contract is the judiciary’s promise never to close the courthouse doors. Through them should walk unhindered every citizen with a dispute to settle or a grievance to air. So it is that we hesitate to declare unjust the very appeal to justice. Nevertheless, given a case where someone has deliberately misused the…