Legal Opinion

43rd Street Second Avenue Corp. v. City of New York

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

Decided September 22, 1992Published

1Opinion of the Court

Order, Supreme Court, New York County (Beverly Cohen, J.), entered August 29, 1990, which granted the cross-motion of the respondents to dismiss the petition, brought pursuant to CPLR article 78, on the grounds that (1) as to claims for 1984/85 through 1989/90, the statute of limitations has run; (2) as to claims for 1985/86 through 1989/90, another action is pending; and (3) as to claims for 1990/91, the action is premature and this determination is without prejudice to renewal in tax certiorari proceedings which are already pending; and which order further declined to consider the…

2Cases cited6 opinions

  1. Baumes v. LavineNew York Court of Appeals · 1975
  2. City of Rochester v. ChiarellaNew York Court of Appeals · 1983
  3. Tindell v. KochAppellate Division of the Supreme Court of the State of New York · 1991
  4. Beekman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1979
  5. Brady v. StateAppellate Division of the Supreme Court of the State of New York · 1991

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