Klevens v. City of Yonkers

We have here a motion by the respondents to dismiss a petition in an article 78 proceeding, it being claimed by them that the petition is insufficient on the face thereof to entitle the petitioners to any relief.

The proceeding is brought to secure an order in the nature of a mandamus order directing the City of Yonkers, and the Mayor and Common Council thereof, to accept the bid of the petitioners for the purchase of a city-owned parcel of real property. It appears that the property was put up for sale at a public auction thereof called and held pursuant to the provisions of section 37 of the…