Legal Opinion
Buffalo Hotel Development Venture v. Tanzella
Appellate Division of the Supreme Court of the State of New York
Decided June 5, 1992PublishedCited by 4 opinions
1Opinion of the Court
Order unanimously reversed on the law with costs and petitions granted in accordance with the following Memorandum: "In determining whether [petitioner’s] initial burden was established, the court was obliged to consider all of the evidence, including the proof adduced by [respondents]” (National Bank v Systems Home Improvement, 69 AD2d 557, 562, affd 50 NY2d 814). When respondents presented their appraisal evidence after the court reserved decision on the motion to dismiss at the end of *1031petitioner’s case, they took " 'the chances of supplying the deficiencies of the [petitioner’s] case’ ”…
2Cases cited4 opinions
- Bopp v. New York Electric Vehicle Transportation Co.New York Court of Appeals · 1903
- National Bank of North America v. Systems Home Improvement, Inc.New York Court of Appeals · 1980
- National Bank of North America v. Systems Home Improvement, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
- Wantagh Racquet Sports, Inc. v. Board of AssessorAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by4 opinions
- Balboaa Land Development, Inc. v. ShellAppellate Division of the Supreme Court of the State of New York · 1999
- Niagara Mohawk Power Corp. v. Town of Bethlehem AssessorAppellate Division of the Supreme Court of the State of New York · 1996
- Welch Foods Inc. v. Town of WestfieldAppellate Division of the Supreme Court of the State of New York · 1995
- Balboaa Land Development, Inc. v. ShellAppellate Division of the Supreme Court of the State of New York · 1999