MATTER OF BRAUNVIEW ASSOCS. v. UNMACK


227 A.D.2d 937 (1996)

643 N.Y.S.2d 253

In the Matter of Braunview Associates, Respondent, v. David M. Unmack, as Assessor of Town of Tonawanda, Appellant

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

May 31, 1996


Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the motion of respondent, Assessor of the Town of Tonawanda, to dismiss the petition and granted the relief sought therein, directing respondent to accept petitioner's application for a partial tax exemption pursuant to RPTL 485-b and to make a determination thereon. The relief sought by petitioner is not barred by res judicata. The doctrine of res judicata "is grounded...

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