Bainbridge Ass'n v. Board of Assessors

Appellate Division of the Supreme Court of New York

Bainbridge Ass'n v. Board of Assessors

197 A.D.2d 620, 603 N.Y.S.2d 768, 1993 N.Y. App. Div. LEXIS 9689

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 18, 1993

StatusPublished

This text of 197 A.D.2d 620 (Bainbridge Ass'n v. Board of Assessors) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bainbridge Ass'n v. Board of Assessors, 197 A.D.2d 620, 603 N.Y.S.2d 768, 1993 N.Y. App. Div. LEXIS 9689 (N.Y. Ct. App. 1993).

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Opinion

—In a tax certiorari proceeding pursuant to Real Property Tax Law article 7, the appeal is from an order and judgment (one paper) of the Supreme Court, Nassau County (Rossetti, J.), entered August 29, 1991, which (1) granted the petitioner’s motion for summary judgment on the ground, inter alia, that the assessment on the petitioner’s property was unconstitutional, and (2) reduced the petitioner’s real property tax assessment for each of the tax years 1987-1988, 1988-1989, 1989-1990, and 1990-1991.

Ordered that the order and judgment is reversed, on the law, with costs, the petitioner’s motion for summary judgment is denied, and upon searching the record, the petitioner’s claim that the reassessment of its property was unconstitutional is dismissed (see, Matter of Board of Mgrs. v Board of Assessors, 197 AD2d 620 [decided herewith]). Bracken, J. P., Sullivan, Eiber and O’Brien, JJ., concur. [As amended by order entered Mar. 7, 1994.]

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—In a tax certiorari proceeding pursuant to Real Property Tax Law article 7, the appeal is from an order and judgment (one paper) of the Supreme Court, Nassau County (Rossetti, J.), entered August 29, 1991, which (1) granted the petitioner’s motion for summary judgment on the ground, inter alia, that the assessment on the petitioner’s property was unconstitutional, and (2) reduced the petitioner’s real property tax assessment for each of the tax years 1987-1988, 1988-1989, 1989-1990, and 1990-1991.

Ordered that the order and judgment is reversed, on the law, with costs, the petitioner’s motion for summary judgment is denied, and upon searching the record, the petitioner’s claim that the reassessment of its property was unconstitutional is dismissed (see, Matter of Board of Mgrs. v Board of Assessors, 197 AD2d 620 [decided herewith]). Bracken, J. P., Sullivan, Eiber and O’Brien, JJ., concur. [As amended by order entered Mar. 7, 1994.]

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Bluebook (online)

197 A.D.2d 620, 603 N.Y.S.2d 768, 1993 N.Y. App. Div. LEXIS 9689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bainbridge-assn-v-board-of-assessors-nyappdiv-1993.

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