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MATTER OF WAY v. TOWN OF POUGHKEEPSIE

75 A.D.2d 602 (1980)

In the Matter of Margaret A. Way, Appellant, v. Town of Poughkeepsie et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 14, 1980

Order reversed, and new trial granted on the issue of inequality only, with costs to abide the event.

We agree with Special Term that petitioner has failed to carry her burden of proof on the issue of overassessment. On the issue of inequality, however, our reading of the record suggests that a failure of communication during the trial among the attorneys and the court resulted in an unwarranted restriction on the scope...

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