Appellate Division of the Supreme Court of New York, 1960

Cross Properties, Inc. v. Lennox

Cross Properties, Inc. v. Lennox
Appellate Division of the Supreme Court of New York · Decided July 5, 1960
11 A.D.2d 770; 205 N.Y.S.2d 966; 1960 N.Y. App. Div. LEXIS 8687
Cross Properties, Inc. v. Lennox

Opinion of the Court

In a tax certiorari proceeding, the Board of Review of the City of Yonkers appeals from an order of the Supreme Court, Westchester County, dated February 5, 1960, which: (1) granted petitioner’s motion to amend its petition by substituting a verification by its president for the verification by its attorney; (2) struck out the defense that the proceeding was not timely commenced, by reason of the improper verification of the original petition; and (3) denied the board’s cross motion to dismiss the petition for the same reason. The verification was made by the attorney for *771the reason that he was familiar with the facts. Order affirmed, with costs. No opinion. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.

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