Opinion
November 6, 1967
Judgment of the Supreme Court, Nassau County, dated April 26, 1966, reversed, on the law, without costs, and matter remanded to the Special Term for a trial and a determination de novo. No questions of fact were considered on this appeal. Petitioners sufficiently allege and offer proof so as to warrant a trial on the issue of whether the value of their real property has been reduced by the improvement of the parking area. If it has, then they have standing to bring this proceeding as aggrieved persons under section 179-b of the Village Law ( Cord Meyer Development Co. v. Bell Bay Drugs, 20 N.Y.2d 211, 216; CPLR 7804, subd. [h]). Moreover, Special Term should not limit the trial to the issue of whether petitioners are aggrieved persons, but should also hold a trial on the merits insofar as allowable by law (Village Law, § 179-b; People ex rel. Hudson-Harlem Val. Tit. Mtge. Co. v. Walker, 282 N.Y. 400; Matter of Del Vecchio v. Tuomey, 283 App. Div. 955, affd. 308 N.Y. 749; Matter of Graham v. Newton, 7 Misc.2d 30). Beldock, P.J., Christ, Brennan, Hopkins and Munder, JJ., concur.