Spencer v. Mullen
Cases that cite this one
4 later published cases cite this decision.
- Fifth Avenue Office Center Co. v. City of Mount Vernon (Appellate Division of the Supreme Court of New York 1996)
- Gelber Enterprises, LLC v. Williams (Appellate Division of the Supreme Court of New York 2007)
- Skuse v. Town of South Bristol (Appellate Division of the Supreme Court of New York 1984)
- Levin Properties v. Village of Pelham Manor (Appellate Division of the Supreme Court of New York 1984)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a proceeding pursuant to article 7 of the Real Property Tax Law to review assessments (for purposes of taxation) on certain real property, petitioner appeals from an order of the Supreme Court, Rockland County (Gagliardi, J.), dated October 22, 1980, which granted the motion of respondents to dismiss the petition. Order affirmed, with $50 costs and disbursements. It is undisputed that petitioner and her attorney did not produce the documents requested by the board of assessment review and did not answer the calendar when petitioner’s case was called. Although petitioner’s counsel purportedly relied on an alleged disputed conversation with the tax assessor in not producing the documents and in not appearing and answering the calendar, the tax assessor was not a member of the board or shown to have acted as an agent of the board. Petitioner and her counsel acted at their peril in deciding on their own whether the board actually required the documents and personal appearance of petitioner or her agent (see Matter of Grossman v Board of Trustees of Vil. of Genesco, 44 AD2d 259; Matter of Jakubovitz v Dworschak, 67 AD2d 977). Hopkins, J. P., Damiani, Gibbons and Weinstein, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.