New York Court of Appeals, 1962

MATTER OF GRIDLEY BLDG., INC. v. Gingold

New York Court of Appeals · Decided June 12, 1962 · Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster Concur

11 N.Y.2d 1029; 183 N.E.2d 909; 230 N.Y.S.2d 27; 1962 N.Y. LEXIS 1090

Cases that cite this one

2 later published cases cite this decision.

South Slope Holding Corp. v. Board of Assessment Review of Town of Jerusalem (Appellate Division of the Supreme Court of New York 1998)
Levin Properties v. Assessor of Village of Pelham Manor (Appellate Division of the Supreme Court of New York 1987)

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

Per Curiam.

The order appealed from should be affirmed, without costs. Subdivision 1 of section 716 of the Beal Property Tax Law authorizes but one demand as of right for an admission of the percentage of full value at which real property is assessed on the tax rolls of the municipality, which is all that has been determined by the order under review. The taxpayer could not serve a subsequent demand without prior application addressed to the discretion of Special Term for leave to do so, as in the case of a motion for permission to serve an amended or supplemental pleading after the time to serve it as of right has expired (Austin v. Saccacio, 1 AD 2d 1028; Orlik v. National Carbon Co., 176 App. Div. 600). The order appealed from does not preclude the taxpayer from making such an application at Special Term on good cause shown.

Chief Judge Desmond and Judges Dye, Fuld, Fboessel, Van Voobhis, Bubble and Fosteb concur.

Order affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.