Judgment reversed, on the law, without costs; the proceeding is hereby treated as a declaratory judgment action, with the petition deemed to be the complaint; and the relief therein requested is granted to the extent that the special assessment placed on petitioners' property is declared illegal and not in accordance with section 166 of the Village Law. The findings of fact below are affirmed. In our opinion the instant proceeding, styled in certain of the papers therein...
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