You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Homin v. Cook

Citations: 239 A.D.2d 580; 658 N.Y.S.2d 76; 1997 N.Y. App. Div. LEXIS 5656

Court: Appellate Division of the Supreme Court of the State of New York; May 27, 1997; New York; State Appellate Court

Narrative Opinion Summary

This case involves a dispute over a property tax assessment for the 1993 tax year, adjudicated under Real Property Tax Law article 7. The Assessor and Board of Assessment Review of a town appealed a Supreme Court order that reduced the assessment. The court affirmed the reduction, having found the original decision well-supported by evidence and free of legal errors. During proceedings, the appellants challenged the admission of evidence concerning property appraisals from adjacent tax years. However, this evidence was deemed admissible as the appellants themselves had introduced it during cross-examination. The court also approved the substitution of personal representatives for a deceased petitioner, amending the case caption accordingly. Ultimately, the appellants' arguments were found to lack merit, and relevant case law was cited in support of the court's conclusions. The appellate decision, which was concurred by multiple justices, resulted in the affirmation of the reduced assessment, with a subsequent amendment to the order in June 1997.

Legal Issues Addressed

Admissibility of Evidence from Adjacent Tax Years

Application: The court allowed evidence of property appraisals from adjacent tax years because the appellants had introduced such evidence during the cross-examination of the petitioners' appraiser.

Reasoning: The appellants contended that the court improperly allowed evidence related to property appraisals from adjacent tax years. However, this was permissible as the appellants had invited such evidence during cross-examination of the petitioners' appraiser.

Real Property Tax Law Article 7 Proceedings

Application: In this case, the court's affirmation of the reduced tax assessment was based on sufficient evidence and the absence of legal errors.

Reasoning: The Supreme Court's assessment determination was deemed well-supported by evidence and adequately explained, with no legal errors identified, thus warranting no disturbance of the ruling.

Substitution of Parties in Civil Proceedings

Application: The court substituted John F. Homin and Frances M. Homin as petitioners, in place of the deceased John V. Neuner, and amended the case caption accordingly.

Reasoning: The court affirmed the order, substituting John F. Homin and Frances M. Homin, as personal representatives of the estate of John V. Neuner, in place of Neuner as petitioners, and amended the case caption accordingly.