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MACY'S PRIMARY v. ASSESSOR

291 A.D.2d 73 (2002)

738 N.Y.S.2d 388

In the Matter of MACY'S PRIMARY REAL ESTATE, INC., Respondent, v. ASSESSOR OF CITY OF WHITE PLAINS et al., Respondents. WHITE PLAINS CITY SCHOOL DISTRICT, Intervenor-Appellant.

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

March 4, 2002.

Attorney(s) appearing for the Case

Plunkett & Jaffe, P.C., White Plains (Marc E. Sharff of counsel), for intervenor-appellant.

Stephen P. Kramer, New York City, for respondent.

John E. Watkins, Jr., White Plains (Liane V. Watkins of counsel), for respondents.

SANTUCCI, J.P., McGINITY and CRANE, JJ., concur.

OPINION OF THE COURT

GOLDSTEIN, J.

At issue here is whether two judgments, each entered August 12, 1999, reducing the real estate tax assessments of the petitioner's properties for the tax years 1995, 1996, 1997, and 1998, and directing a refund of tax paid in those years, are enforceable against the appellant White Plains City School District. We hold that they are not, owing to the petitioner's failure to comply with RPTL 708 (3).

The petitioner...

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