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7 New York opinions name it 3 courts 1927–2016 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Greens at Washingtonville, Ltd. v. Town of Blooming Grovegreen1 sentence2016Furthermore, “[i]t is well settled that a system of selective reassessment that has no rational basis in law violates the equal protection provisions of the Constitutions of the United States and the State of New York” (Matter of Carroll v Assessor of City of Rye, N.Y., 123 AD3d 924, 925 [2014] [internal quotation marks and citation omitted]). “[D]iscovery in a RPTL article 7 proceeding is governed by CPLR 408, pursuant to which trial courts have broad discretion in directing the disclosure of material and necessary information” (Matter of Niagara Mohawk Power Corp. v City of Saratoga Springs | 1 | 1 |
Niagara Mohawk Power Corp. v. City of Saratoga Springs Assessorgreen1 sentence2016Furthermore, “[i]t is well settled that a system of selective reassessment that has no rational basis in law violates the equal protection provisions of the Constitutions of the United States and the State of New York” (Matter of Carroll v Assessor of City of Rye, N.Y., 123 AD3d 924, 925 [2014] [internal quotation marks and citation omitted]). “[D]iscovery in a RPTL article 7 proceeding is governed by CPLR 408, pursuant to which trial courts have broad discretion in directing the disclosure of material and necessary information” (Matter of Niagara Mohawk Power Corp. v City of Saratoga Springs | 1 | 1 |
Matter of Jacobowitz v. Board of Assessors for Town of Cornwallgreen1 sentence2016“A property owner may challenge an assessment pursuant to RPTL article 7 on several grounds, including that the assessment is excessive, unequal or unlawful” (Matter of Jacobowitz v Board of Assessors for Town of Cornwall, 121 AD3d 294, 299 [2014] [internal quotation marks and citations omitted]). | 1 | 1 |
Matter of Carroll v. Assessor of City of Rye, N.Y.green1 sentence2016Furthermore, “[i]t is well settled that a system of selective reassessment that has no rational basis in law violates the equal protection provisions of the Constitutions of the United States and the State of New York” (Matter of Carroll v Assessor of City of Rye, N.Y., 123 AD3d 924, 925 [2014] [internal quotation marks and citation omitted]). “[D]iscovery in a RPTL article 7 proceeding is governed by CPLR 408, pursuant to which trial courts have broad discretion in directing the disclosure of material and necessary information” (Matter of Niagara Mohawk Power Corp. v City of Saratoga Springs | 1 | 1 |
Hecht v. Monaghangreen1 sentence2015Inasmuch as the determination whether compliance has been achieved is made solely by City officials, the procedures established by section 90-21 do not provide a sufficient opportunity for the property owner to challenge that determination (see Matter of Hecht v Monaghan, 307 NY 461, 469-470 [1954]; see also Jones, 320 F Supp 2d at 1127-1129 ). | 1 | 1 |
Jones v. Wildgengreen1 sentence2015Inasmuch as the determination whether compliance has been achieved is made solely by City officials, the procedures established by section 90-21 do not provide a sufficient opportunity for the property owner to challenge that determination (see Matter of Hecht v Monaghan, 307 NY 461, 469-470 [1954]; see also Jones, 320 F Supp 2d at 1127-1129 ). | 1 | 1 |
W. T. Grant Co. v. Srogigreen1 sentence2014Grant Co. v Srogi, 52 NY2d 496, 512 [1981]). | 1 | 1 |
See v. City of Seattlegreen1 sentence1979Rather, a warrant may issue on a showing that "reasonable legislative or administrative standards for conducting an * * * inspection are satisfied with respect to a particular [establishment].” (See v City of Seattle, supra, at p 538.) Unless there is an emergency requiring immediate entry (see, e.g., North Amer. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Stephens v. Gordon
green
1 sentence2007(Matter of Stephens v Gordon, 202 AD2d 437 [2d Dept 1994].) An allegation of close proximity alone may give rise to an inference of damage or injury that would enable the property owner to challenge a determination without proof of actual injury. | 1 | 2007–2007 |
Ziemba v. City of Troy
green
1 sentence2007(See, Matter of Ziemba v City of Troy, 37 AD3d 68 [3d Dept 2006].) However, such individual must demonstrate that its close proximity is sufficient to indicate that the property owner has experienced some harm other than that experienced by the public at large and is within the zone of interests. | 1 | 2007–2007 |
Marshall v. Barlow's, Inc.
green
1 sentence1979"The authority to make warrantless searches”, wrote Justice White for the majority, "devolves almost unbridled discretion upon executive and administrative officers, particularly those in the field, as to when to search and whom to search.” (Marshall v Barlow’s, Inc., 436 US 307, 323 .) Marshall reiterated that for health and safety inspections, probable cause to believe that the property owner is in violation of substantive regulations is unnecessary. | 1 | 1979–1979 |
Matter of Low
neutral
1 sentence1938The city authorities would have no right to grant more than this, even should they attempt to do so.” (Matter of Low, 233 N. Y. 334 , citing cases.) That case also holds that, even though the property owner had been granted a written license to extend his vault under the street, he acquired no right for the deprivation of which he could collect damages. | 1 | 1938–1938 |
Ader v. Blau
green
1 sentence1927In Ader v. Blau ( 241 N. Y. 7, 15 ), Chief Judge His cock in considering the claim of the right to join in one action, and as consistent remedies, a claim for death chargeable to the negligence of a property owner and a claim for the same death due to the alleged malpractice of a physician who treated for the original injury, said (pp. 15, 16): “ Of course we do not overlook the well-established and familiar rule upon which reliance has been placed that a plaintiff may consistently and properly join as defendants in one complaint several joint tort feasors. | 1 | 1927–1927 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.