N.Y. Real Property Tax Law § 716: 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.