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MATTER OF SMITH v. GAGLIARDI

286 A.D. 873 (1955)

In the Matter of Douglas Smith, Appellant, v. Joseph F. Gagliardi, as Mayor of The Village of Larchmont, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 20, 1955.

Woodland Avenue is not the exclusive property of the village and its residents (People v. Kerr, 27 N.Y. 188, 212, 213); it is impressed with a trust for use by all of the public (City of New York v. Rice, 198 N.Y. 124, 128; Matter of Green v. Miller, 249 N.Y. 88, 93; Town of Galen v. Clyde & Rose Plank Road Co., 27 Barb. 543, 551). The property of the petitioner adjoins Woodland Avenue and this access is a property right (Fearing v. Irwin...

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