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CAPOLINO DESIGN v. ASSESSORS

138 Misc.2d 811 (1987)

K. Capolino Design & Renovation, Ltd., et al., Plaintiffs, v. Assessors of the City of Yonkers et al., Defendants.

Supreme Court, Westchester County.

December 2, 1987

Attorney(s) appearing for the Case

Richard T. Blancato for plaintiffs. Jay B. Hashmall, Corporation Counsel, for defendants.

NICHOLAS COLABELLA, J.

In an action for declaratory judgment, plaintiffs move for summary judgment declaring tax assessments for the years 1980 to 1984 void for lack of jurisdiction.

The power to assess property for taxes is wholly statutory (National Bank v City of Elmira, 53 N.Y. 49). An assessment made without jurisdiction is void (Niagara Mohawk Power Corp. v City School Dist., 59 N.Y.2d 262

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