Legal Opinion

Battista v. Board of Estimate

New York Supreme Court

Decided October 31, 1966PublishedCited by 8 opinions

1Opinion of the CourtAbraham J. Gellinoff, J.

This is a motion for an order: (1) declaring void a resolution of the Board of Estimate, adopted at its meeting of June 23, 1966, which increased certain water and sewer rates, and (2) enjoining the City Comptroller from attempting to collect the increases.

The proceeding is brought by Vito P. Battista and United Taxpayers Party, Inc. Battista alleges that he is the owner of real property affected by the increases and that his copetitioner is an organization comprised of thousands of owners of real property similarly affected.

Section 734 of the New York City Charter confers jurisdiction upon…

2Cases cited5 opinions

  1. Silkman v. Board of Water CommissionersNew York Court of Appeals · 1897
  2. Greenfield v. MosesNew York Supreme Court · 1938
  3. L. X. Corp. v. City of New YorkNew York Supreme Court · 1952
  4. L. X. Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1953
  5. Parsons Construction Corp. v. City of New YorkCity of New York Municipal Court · 1937

3Cited by8 opinions

  1. State University of New York v. PattersonAppellate Division of the Supreme Court of the State of New York · 1973
  2. Morris v. Board of EstimateDistrict Court, E.D. New York · 1982
  3. Lubkemeier v. City of New YorkNew York Supreme Court · 1974
  4. Wholesale Laundry Board of Trade, Inc. v. City of New YorkNew York Supreme Court · 1970
  5. City of New York v. SteinfeldAppellate Terms of the Supreme Court of New York · 1984

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