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TOWN OF HARRISON v. COUNTY OF WESTCHESTER

18 N.Y.2d 876 (1966)

Town of Harrison, Appellant-Respondent, v. County of Westchester, Defendant and Cross Claimant Respondent-Appellant. County Airport Corporation, Cross Defendant Respondent-Appellant.

Court of Appeals of the State of New York.

Decided November 22, 1966.

Attorney(s) appearing for the Case

William T. Gallagher and James K. Page for appellant-respondent.

Gordon Miller, County Attorney (John J. S. Mead and Benjamin J. Goldman of counsel), for County of Westchester, respondent-appellant.

William J. Greer and Frederick L. Scofield for County Airport Corporation, respondent-appellant.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING concur.

MEMORANDUM.

The appellant County of Westchester is precluded from asserting its defenses of illegality and irregularity as to the Town of Harrison's correction of its assessment rolls, not because it failed to plead them in its answer but because its exclusive remedy to challenge the correction is found in section 557 of the Westchester County Administrative Code. (Lewis v. City of Lockport, 276 N.Y. 336 [1938];

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