QUAGLIA v. VIL. MUNSEY PARK


54 A.D.2d 434 (1976)

Louis F. Quaglia et al., Appellants, v. Incorporated Village of Munsey Park, Respondent

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

December 6, 1976


Attorney(s) appearing for the Case

Patrick J. Rohan (Michael P. Sanchirico on the brief), for appellants.

Williams & Rosetto (Fred A. Williams of counsel), for respondent.

DAMIANI, J., concurs with MARGETT, J.; TITONE, J., concurs with a separate opinion; HOPKINS Acting P. J., and SHAPIRO, J., dissent and vote to affirm the order on the opinion of Mr. Justice OPPIDO at Special Term.


MARGETT, J.

The issue raised is whether the execution, in 1975, of a resolution enacted in 1935, must be upheld where the action taken results in a deprivation of significant property rights without any public benefit in light of circumstances existing in 1975.

Plaintiffs' property consists of a more or less rectangular-shaped parcel whose eastern boundary is contiguous with a portion of the western...

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