MATTER OF BRULENE COOP. APT., INC. v. FIN. ADM'R OF THE CITY OF NEW YORK


54 N.Y.2d 826 (1981)

In the Matter of Brulene Cooperative Apt., Inc., Respondent, v. Finance Administrator of the City of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided September 24, 1981.


Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Renee Modry and Leonard Olarsch of counsel), for appellants.

William E. Banfield and Donald N. David for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.


On summary consideration, order affirmed, with costs. Petitioner's service of a certified copy of the court order on which the claim for tax refund is premised within three years of the notice of entry of that order constitutes an application made within the three-year period mandated by subdivision 3 of section 726 of the Real Property Tax Law (Matter of 860 West Tower v Levy, 53 N.Y.2d 450

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