In re Illiano

Motion is made by petitioner for an order to direct the Board of Assessors of the City of New York to advertise for claims and to assess the damage caused by reason of the change of grade caused by the grading of Richmond Avenue, between Victory Boulevard and "Forest Avenue, borough of Richmond. The respondents cross-move to dismiss for legal insufficiency of the petition. Respondents’ cross motion is granted without prejudice to the renewal of the relief sought upon a proper petition. The petition is grossly defective in that it is not alleged that the property in question here is improved…