From Casetext: Smarter Legal Research

Applebaum v. Town of Oyster Bay

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 1991
176 A.D.2d 773 (N.Y. App. Div. 1991)

Opinion

October 15, 1991

Appeal from the Supreme Court, Nassau County (O'Shaughnessy, J.).


Ordered that the order and judgment is affirmed, with costs.

It is undisputed that although the ad valorem garbage collection taxes were being levied against the plaintiffs' respective properties, the plaintiffs were not receiving any garbage collection services. Where property is excluded from garbage collection services, the imposition of a garbage collection tax is invalid (see, Matter of Sperry Rand Corp. v Town of N. Hempstead, 53 Misc.2d 970, affd 29 A.D.2d 968, affd 23 N.Y.2d 666; Landmark Colony at Oyster Bay Homeowners' Assn. v Town of Oyster Bay, 145 A.D.2d 542). The defendants' assertion that there was a triable issue of fact as to whether the plaintiffs waived their right to object to the imposition of the taxes is nothing more than conjecture and is unsupported by the record. The appellants' remaining contentions are without merit. Thus, summary judgment was properly granted in favor of the plaintiffs (see, Landmark Colony at Oyster Bay Homeowners' Assn. v. Town of Oyster Bay, supra). Kunzeman, J.P., Harwood, Eiber and Balletta, JJ., concur.


Summaries of

Applebaum v. Town of Oyster Bay

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 1991
176 A.D.2d 773 (N.Y. App. Div. 1991)
Case details for

Applebaum v. Town of Oyster Bay

Case Details

Full title:ROBERT APPLEBAUM et al., Respondents, v. TOWN OF OYSTER BAY et al.…

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

Date published: Oct 15, 1991

Citations

176 A.D.2d 773 (N.Y. App. Div. 1991)
575 N.Y.S.2d 100

Citing Cases

LONG IS. POWER AUTH. v. ANDERSON

The plaintiff's application for a mandatory injunction is granted only to the extent that in the future the…

Long Island Power Authority v. Gilbert Andersonre

The plaintiffs application for a mandatory injunction is granted only to the extent that in the future the…