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MATTER OF LEVIN PROPS. v. ASSESSOR OF THE VILL. OF PELHAM MANOR

131 A.D.2d 577 (1987)

In the Matter of Levin Properties, Respondent, v. Assessor of the Village of Pelham Manor et al., Appellants. (Proceeding No. 1.) In the Matter of Levin Properties, Respondent, v. Assessor of the Town of Pelham et al., Appellants. (Proceeding No. 2.)

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

June 8, 1987

Ordered that the order is affirmed, with one bill of costs payable jointly by the appellants.

Under the circumstances, that branch of the petitioner's motion which was to vacate its notices to admit ratio was properly granted for reasons stated by Justice Sullivan (cf., Matter of Gridley Bldg. v Gingold, 11 N.Y.2d 1029, 1031). In light of the vacatur of the notices, the Town of Pelham's specific admission and the respondent...

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