Opinion · New York Court of Appeals

Bloom v. Mayor

Bloom v. Mayor, 28 N.Y.2d 952 (New York Court of Appeals 1971)

Type: Opinion
Court: New York Court of Appeals
Jurisdiction: New York
Date: 1971-05-26
Topic: litigation

How later courts describe this case

stating that “in a declaratory-judgment action the court may not only review the constitutionality of the statute, but also determine whether a public official acted in regard to the statutory standard, or in excess of the grant of authority, or in violation of due process”

Citator

UpLaw has not yet analyzed Bloom v. Mayor. The absence of a flag is not a finding that it is good law.

Cited by: 21 opinions

Memorandum. The order of the Appellate Division should be affirmed, with costs, and the question certified answered in the affirmative.

The opinion at the Appellate Division adequately and incisively treats of the issues involved. It is only then necessary to note that, even on a narrower view than that taken at the Appellate Division, plaintiffs have standing to litigate the issues. As real property taxpayers they are personally aggrieved by the *954 taxes levied against their properties under the statute attacked and actions by State and municipal officials under the statute (cf. Matter of Donohue v. Cornelius, 17 N Y 2d 390, 396-397; St. Clair v. Yonkers Raceway, 13 N Y 2d 72, 76, cert. den. 375 U. S. 970; Matter of Posner v. Rockefeller, 33 A D 2d 314, 315-316, affd. 26 N Y 2d 970).

It should be emphasized that any view of the merits is inappropriate at this stage of the litigation.