New York Court of Appeals

Airmont Homes, Inc. v. Town of Ramapo, (Proceeding No. 1.) Hillcrest Eckerson Corp. v. Town of Ramapo, (Proceeding…

April 23, 198769 N.Y.2d 901

Summary

The New York Court of Appeals reversed the Appellate Division’s order and denied the Town of Ramapo’s motions to dismiss the tax assessment petitions. The Court held that dismissal for failure to prosecute is a statutory creation, not an inherent power, and that the statutory automatic denial period satisfied the joinder requirement.