Blumberg v. City of Yonkers

Bergan, J. (dissenting).

The court at Special Term determined after a full trial of the issue that plaintiffs had not established they were damaged by the city ordinance which they have succeeded in having determined invalid. The court stated “ that the plaintiffs have offered no evidence which would warrant a finding that their properties were materially damaged in pecuniary value ”.

In reversing, the Appellate Division did not state in its memorandum of decision that plaintiffs had shown they were materially damaged by the ordinance, but held, rather, that the “standing” of two of the…