Legal Opinion
Aylward v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Decided December 28, 2012PublishedCited by 7 opinions
1Opinion of the Court
Discovery in RPTL article 7 proceedings is governed by CPLR 408, which requires a court’s leave to obtain formal disclosure beyond a notice to admit (see Matter of Wendy’s Rests., LLC v Assessor, Town of Henrietta, 74 AD3d 1916, 1917 [2010]). Here, the court failed to comply with CPLR 408 in ordering petitioners either to move to preclude the demanded inspections or to have any objection thereto deemed waived. The court’s error significantly altered the proof required on this issue and thereby enabled respondents to access the interior of petitioners’ homes *1744without having to show its need for…
2Cases cited3 opinions
- Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
- Wendy's Restaurants, LLC v. AssessorAppellate Division of the Supreme Court of the State of New York · 2010
- Schlesinger v. Town of RamapoNew York Supreme Court · 2006
3Cited by7 opinions
- Matter of Jacobowitz v. Board of Assessors for Town of CornwallAppellate Division of the Supreme Court of the State of New York · 2014
- AYLWARD, DIANA SACHS v. ASSESSOR, CITY OF BUFFALOAppellate Division of the Supreme Court of the State of New York · 2015
- Aylward v. AssessorAppellate Division of the Supreme Court of the State of New York · 2015
- Aylward v. AssessorAppellate Division of the Supreme Court of the State of New York · 2015
- Lowe's Home Centers, Inc. v. Board of Assessment ReviewAppellate Division of the Supreme Court of the State of New York · 2013
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