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IN THE MATTER OF KEREN DEVELOPMENT, INC. v. ASSESSOR OF TOWN OF GREENBURGH

17 A.D.3d 678 (2005)

792 N.Y.S.2d 912

In the Matter of KEREN DEVELOPMENT, INC., et al., Respondents, v. ASSESSOR OF TOWN OF GREENBURGH et al., Appellants. (Proceeding No. 1.) In the Matter of LANDMARK HOLDINGS, LLC, Respondent, v. ASSESSOR OF TOWN OF GREENBURGH et al., Appellants. (Proceeding No. 2.)

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

April 25, 2005.

Ordered that the order is affirmed, with costs.

The parties entered into consent judgments settling tax certiorari proceedings brought by the petitioners. The consent judgments provided, inter alia, that interest on the tax refunds due the petitioners would be waived provided payment was made within 60 days from the date of service on the appellants of the consent judgments, "time of the essence." The appellants admittedly failed to pay the tax refunds due the petitioners...

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