NEW YORK LIFE v. LYNDHURST TP.


280 N.J. Super. 387 (1995)

655 A.2d 481

NEW YORK LIFE INS. CO., PLAINTIFF-APPELLANT-CROSS-RESPONDENT, v. LYNDHURST TOWNSHIP, DEFENDANT-RESPONDENT-CROSS-APPELLANT,

Superior Court of New Jersey, Appellate Division.

Decided March 24, 1995.


Attorney(s) appearing for the Case

Steven R. Irwin argued the cause for appellant-cross-respondent (Mandelbaum & Mandelbaum, attorneys).

Robert J. Inglima argued the cause for respondent-cross appellant.

Before Judges BRODY, LONG and ARNOLD M. STEIN.


PER CURIAM.

Pursuant to a judgment of the Tax Court, plaintiff, New York Life Insurance Company, was entitled to a refund of taxes paid to the Township of Lyndhurst. The refund was not paid until 153 days after the entry of judgment. This delay gave rise to the question of the period and rate at which interest on the belated refund would be imposed.

N.J.S.A. 54:3-27.2 provides:

In the event that a taxpayer is successful in an appeal from an...

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