# Universal Kinnebrook Inc. v. Board of Assessors

> New York Supreme Court · March 14, 1977 · 89 Misc. 2d 674

URL: https://www.frixlaw.com/law-library/cases/6197928

## Case

- **Full name:** In the Matter of Universal Kinnebrook Inc. v. Board of Assessors of the Town of Thompson
- **Court:** New York Supreme Court
- **Decided:** March 14, 1977
- **Citations:** 89 Misc. 2d 674; 392 N.Y.S.2d 567; 1977 N.Y. Misc. LEXIS 1921
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Klein
- **Judges:** Klein
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6197928

## Opinion text

Aaron E. Klein, J.
Should a town board of assessors have the opportunity to conduct an examination before trial of a petitioner in a real property tax assessment proceeding after the petitioner has filed its appraisal report with the Adminis *675 trative Judge but before the respondent board of assessors has filed its appraisal report?
This is a motion by respondent, Board of Assessors, Town of Thompson, Sullivan County, New York, to compel petitioner, Universal Kinnebrook Inc., to submit to examination before trial. It appears that the petitioner has timely completed and filed its appraisal report, while the respondent, Board of Assessors, Town of Thompson, has not filed its appraisal report. This court believes it would violate the intent of section 839.3 of the Rules for Trial and Special Terms of Supreme Court, Third Judicial Department (22 NYCRR 839.3), to permit the respondent, Board of Assessors, Town of Thompson, an examination before trial prior to the submission of its appraisal report to the Administrative Judge in compliance with said rule.
Accordingly, the motion for an examination before trial is denied, and the Board of Assessors, Town of Thompson, is directed to file its appraisal report within 45 days after entry of the order effectuating this decision.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6197928. Public record. Not legal advice.