Scotto v. Landesman

Full title: RALPH SCOTTO, Appellant, v. WILLIAM LANDESMAN et al., Respondents

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 23, 1998

251 A.D.2d 181 (N.Y. App. Div. 1998)

675 N.Y.S.2d 857

Opinion

June 23, 1998

Appeal from the Supreme Court, New York County (Lorraine Miller, J.).

We perceive no basis for overturning the trial court's finding, based upon its credibility determination, that plaintiff had failed to notify defendants of the adverse tax determination, and that such failure prejudiced defendants ( cf., Westchester Religious Inst. v. Kamerman, 248 A.D.2d 116). We also note that the action is untimely with respect to the amount due pursuant to the July 20, 1985 tax determination. It is therefore unnecessary to reach the other issues raised by plaintiff, including those involving the interpretation of the parties' stock purchase agreement.

Concur — Lerner, P. J., Rubin, Williams, Mazzarelli and Andrias, JJ.