2006 New York Code - Admission Of Percentage Of Full Value At Which Real Property Is Assessed.



 
    §  716.   Admission of percentage of full value at which real property
  is assessed.  1.  Except in a proceeding to review a  special  franchise
  assessment,  at any time after answer has been served or has been deemed
  made and not later than twenty days before the trial, the petitioner may
  serve upon the respondent a demand for admission  for  the  purposes  of
  such  proceeding  that  the percentage of full value at which other real
  property is assessed in the unit  is  a  percentage  specified  in  such
  demand,  but  not  in  excess  of  ninety-five  per centum.   Unless the
  respondent within fifteen days after service of such demand,  or  within
  such further time as the court may allow on motion on notice, serves and
  files  a  notice  specifically  denying that the percentage specified in
  such demand is correct, such percentage shall be deemed admitted.
    2.  After being served with such demand, if the respondent serves such
  a notice of denial,  and  the  petitioner  thereafter  proves  that  the
  percentage of full value at which other real property is assessed in the
  assessing  unit  is  not  in  excess  of the percentage specified in his
  demand, he may apply to the court at or immediately following the  trial
  for an order requiring the respondent to pay him the reasonable expenses
  incurred  in  making such proof including the reasonable fees of experts
  and attorneys.    Unless  the  court  finds  that  there  was  good  and
  sufficient  reason  for the respondent's denial, the order shall be made
  irrespective of the results of the proceeding.

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