Legal Opinion
Sears, Roebuck & Co. v. Board of Assessors
Appellate Division of the Supreme Court of the State of New York
Decided April 9, 1992PublishedCited by 4 opinions
1Opinion of the CourtMikoll, J.
Appeal from an order of the Supreme Court (Fischer, J.), entered April 9, 1991 in Broome County, which, in a proceeding pursuant to RPTL article 7, denied respondents’ motion to dismiss the petition for lack of personal jurisdiction.
The question presented on this appeal is whether Supreme Court properly found that petitioner’s failure to designate a return date, in its otherwise facially complete notice of petition seeking review of its property tax assessment, was a curable nonjurisdictional defect. The question is answered in the affirmative.
As Supreme Court found, the notice and petition…
2Cases cited4 opinions
- W. T. Grant Co. v. SrogiNew York Court of Appeals · 1981
- Batavia Enterprises, Inc. v. Assessor of BataviaAppellate Division of the Supreme Court of the State of New York · 1979
- Recycle v. LacatenaAppellate Division of the Supreme Court of the State of New York · 1990
- Caldor, Inc. v. Board of AssessorsAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by4 opinions
- Garth v. Board of Assessment Review for Town of RichmondNew York Court of Appeals · 2009
- National Gypsum Co. v. Assessor of Town of TonawadaNew York Court of Appeals · 2005
- Allstate Equities, LLC v. Town of NewburghAppellate Division of the Supreme Court of the State of New York · 2007
- Garth v. BD. OF ASSESSMENT REV.New York Court of Appeals · 2009