Opinion

Bloom v. Mayor

323 N.Y.S.2d 436 · New York Court of Appeals · May 26, 1971

Full text

Max Bloom, Individually and on Behalf of All Other Taxpayers of the City of New York Similarly Situated v. Mayor of the City of New York

Opinions in this case

Majority
Dissent — Bergaít

Memorandum. The order of the Appellate Division should be affirmed, with costs, and the question certified answered in the affirmative. The opinion at the Appellate Division adequately and incisively treats of the issues involved. It is only then necessary to note that, even on a narrower view than that taken at the Appellate Division, plaintiffs have standing to litigate the issues. As real property taxpayers they are personally aggrieved by the [954] taxes levied against their properties under the statute attacked and actions by State and municipal officials under the statute (cf. Matter of Donohue v. Cornelius, 17 N Y 2d 390, 396-397; St. Clair v. Yonkers Raceway, 13 N Y 2d 72, 76, cert. den. 375 U. S. 970; Matter of Posner v. Rockefeller, 33 A D 2d 314, 315-316, affd. 26 N Y 2d 970). It should be emphasized that any view of the merits is inappropriate at this stage of the litigation.

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Parentheticals

stating that “in a declaratory-judgment action the court may not only review the constitutionality of the statute, but also determine whether a public official acted in regard to the statutory standard, or in excess of the grant of authority, or in violation of due process”
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