Stumpo v. DeMartino

—Judgment unanimously reversed on the law without costs, motion denied and petition reinstated. Memorandum: Supreme Court erred in granting respondents’ motion seeking dismissal of the petition on the ground that petitioner failed to allege special damages and thus lacked standing. Petitioner commenced this proceeding seeking to enjoin respondents from operating a commercial enterprise at 2417 Independence Avenue in the City of Niagara Falls. Contrary to the court’s determination, the allegation by petitioner of a diminution in his property value has long been recognized as the type of…