CECERE v. CITY OF BATAVIA


41 A.D.2d 698 (1973)

Adeline Cecere, Appellant, v. City of Batavia, Respondent. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 28, 1973


Judgment unanimously reversed, with costs, plaintiff's motion granted and defendant's cross motion denied.

Memorandum:

In her amended complaint plaintiff seeks to remove certain special assessments as a cloud upon title to her property. She alleges that the assessments were entirely void and were levied without jurisdiction because no benefit was conferred upon her property. Defendant in its answer denies the material allegations of the complaint and sets...

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