Legal Opinion
City of Rochester v. Chiarella
Appellate Division of the Supreme Court of the State of New York
Decided March 6, 1984PublishedCited by 3 opinions
1Opinion of the Court
*47OPINION OF THE COURT
Doerr, J.
In this class action, subclass A-l, representing taxpayers who paid real property taxes for the years 1974-1978 under protest and who want full refunds, has moved for summary judgment.* Special Term denied the motion without prejudice to renewal at a later time, finding that the motion was premature and would upset the orderly progression of the lawsuit (121 Misc 2d 595). Additionally, it is argued that the motion is premature because there has as yet been no reply to defendants’ counterclaims. We find both arguments unpersuasive.
With respect to whether the motion…
2Cases cited12 opinions
- Flushing National Bank v. Municipal Assistance Corp.New York Court of Appeals · 1976
- City of Rochester v. ChiarellaNew York Court of Appeals · 1983
- Alro Builders & Contractors, Inc. v. Chicken Koop, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Angelone v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1980
- Bethlehem Steel Corp. v. Board of Education of the City School District of LackawannaAppellate Division of the Supreme Court of the State of New York · 1978
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Video Aid Corp. v. Town of WallkillNew York Court of Appeals · 1995
- City of Rochester v. ChiarellaNew York Court of Appeals · 1985
- Video Aid Corp. v. Town of WallkillNew York Court of Appeals · 1995