Stuart v. Village of Lynbrook

The respondent in its answer pleads, and in its memoranda contends, that the petition must be dismissed because, first, the claim was not presented within sixty days after the change of grade was completed; second, this proceeding was not commenced within one year after the change of grade was completed; third, petitioner alone has not the legal capacity to maintain this *168proceeding, since Ms wife, who is a co-owner of the property as tenant by the entirety, is not a party to the proceedmg; and fourth, the petition and proof of claim are insufficient, in that it is not alleged that the change…