Benderson Development Co. v. Town of Niskayuna

Appeal from an order of the Supreme Court (Reilly, Jr., J.), entered July 9, 2001 in Schenectady County, which,' in a proceeding pursuant to RPTL article 7, denied respondent South Colonie Central School District’s motion to dismiss the petition against it for failure to state a cause of action.

In July 2000, petitioner commenced this RPTL article 7 proceeding challenging the 2000 tax assessment of, inter alia, a parcel of real estate known as the Mohawk Mall located in the Town of Niskayuna, Schenectady County. In 1999, the previous owner of the Mohawk Mall and respondents settled an RPTL…