Peninsula Apartments, Inc. v. Board of Assessors

Appellate Division of the Supreme Court of New York

Peninsula Apartments, Inc. v. Board of Assessors

44 A.D.2d 707, 354 N.Y.S.2d 1000, 1974 N.Y. App. Div. LEXIS 5198

Appellate Division of the Supreme Court of the State of New York·Decided April 22, 1974·Published

Opinion

In consolidated proceedings to review assessments of land for tax purposes, petitioner appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Nassau County, entered August 23, 1972, as dismissed the petitions, upon the trial court’s decision during the course of petitioner’s case at a nonjury trial. Judgment reversed insofar as appealed from, on the law, with costs, and new trial granted. The appeal did not present questions of fact. The trial court was without power to dismiss the petitions before petitioner had rested. Martuscello, Acting P. J., Latham, Shapiro, Benjamin and Munder, JJ., concur.

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In consolidated proceedings to review assessments of land for tax purposes, petitioner appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Nassau County, entered August 23, 1972, as dismissed the petitions, upon the trial court’s decision during the course of petitioner’s case at a nonjury trial. Judgment reversed insofar as appealed from, on the law, with costs, and new trial granted. The appeal did not present questions of fact. The trial court was without power to dismiss the petitions before petitioner had rested. Martuscello, Acting P. J., Latham, Shapiro, Benjamin and Munder, JJ., concur.

Peninsula Apartments, Inc. v. Board of Assessors, 44 A.D.2d 707, 354 N.Y.S.2d 1000, 1974 N.Y. App. Div. LEXIS 5198 (N.Y. Ct. App. 1974).

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44 A.D.2d 707 (Peninsula Apartments, Inc. v. Board of Assessors) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.