New York Telephone Co. v. Board of Assessors of Inc. Village of Shoreham

Appellate Division of the Supreme Court of New York

New York Telephone Co. v. Board of Assessors of Inc. Village of Shoreham

178 A.D.2d 644, 578 N.Y.S.2d 219, 1991 N.Y. App. Div. LEXIS 16903

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

DecidedDecember 30, 1991

StatusPublished

Cited by2 cases

This text of 178 A.D.2d 644 (New York Telephone Co. v. Board of Assessors of Inc. Village of Shoreham) 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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New York Telephone Co. v. Board of Assessors of Inc. Village of Shoreham, 178 A.D.2d 644, 578 N.Y.S.2d 219, 1991 N.Y. App. Div. LEXIS 16903 (N.Y. Ct. App. 1991).

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Opinion

— In proceedings pursuant to RPAPL article 7 to review real property assessments, the appeals are from three orders of the Supreme Court, Suffolk County (Cromarty, J.), each entered February 26, 1990, which denied the appellants’ motions to dismiss each of the proceedings.

Ordered that the orders are affirmed, with one bill of costs.

Although RPTL 708 (1) mandates personal service of a petition commencing a proceeding to review a real property assessment, we agree with the Supreme Court that, under the circumstances of this case, service of the petitions by mail was not jurisdictionally fatal, as the Village waived its right to personal service (see, Matter of Rizika v Board of Assessors, 62 Misc 2d 774; see also, Allen v Board of Assessors, 57 AD2d 1036). Moreover, under the facts here, the Village should be estopped from raising the defense of lack of personal jurisdiction. Sullivan, J. P., Lawrence, Rosenblatt and O’Brien, JJ., concur.

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— In proceedings pursuant to RPAPL article 7 to review real property assessments, the appeals are from three orders of the Supreme Court, Suffolk County (Cromarty, J.), each entered February 26, 1990, which denied the appellants’ motions to dismiss each of the proceedings.

Ordered that the orders are affirmed, with one bill of costs.

Although RPTL 708 (1) mandates personal service of a petition commencing a proceeding to review a real property assessment, we agree with the Supreme Court that, under the circumstances of this case, service of the petitions by mail was not jurisdictionally fatal, as the Village waived its right to personal service (see, Matter of Rizika v Board of Assessors, 62 Misc 2d 774; see also, Allen v Board of Assessors, 57 AD2d 1036). Moreover, under the facts here, the Village should be estopped from raising the defense of lack of personal jurisdiction. Sullivan, J. P., Lawrence, Rosenblatt and O’Brien, JJ., concur.

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178 A.D.2d 644, 578 N.Y.S.2d 219, 1991 N.Y. App. Div. LEXIS 16903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-telephone-co-v-board-of-assessors-of-inc-village-of-shoreham-nyappdiv-1991.

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