35 East 38th Street Associates v. Tax Commission

Appellate Division of the Supreme Court of New York

35 East 38th Street Associates v. Tax Commission

58 A.D.2d 760, 396 N.Y.S.2d 239, 1977 N.Y. App. Div. LEXIS 12914

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 7, 1977

StatusPublished

This text of 58 A.D.2d 760 (35 East 38th Street Associates v. Tax Commission) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

35 East 38th Street Associates v. Tax Commission, 58 A.D.2d 760, 396 N.Y.S.2d 239, 1977 N.Y. App. Div. LEXIS 12914 (N.Y. Ct. App. 1977).

Pincite

Opinion

Judgment Supreme Court, New York County, entered April 6, 1976, reducing the assessments on petitioner-respondent’s property for the last three tax years of the period 1969-1970 through 1975-1976, unanimously reversed, to the extent appealed from, on the law and the facts, to reinstate the assessments for the tax years 1973-1974, 1974-1975, and 1975-1976, without costs and without disbursements. The reductions for the later three years were disproportionate to the actual increase in value of the property demonstrated by 14 neighborhood sales of comparable parcels in which the ration of assessments to acknowledged value factors was markedly higher. Other factors such as increases in the amount of mortgage and building insurance are consonant only with a conclusion that the reduction was not warranted for the period examined. Concur—Birns, J. P., Evans, Capozzoli and Markewich, JJ.

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Judgment Supreme Court, New York County, entered April 6, 1976, reducing the assessments on petitioner-respondent’s property for the last three tax years of the period 1969-1970 through 1975-1976, unanimously reversed, to the extent appealed from, on the law and the facts, to reinstate the assessments for the tax years 1973-1974, 1974-1975, and 1975-1976, without costs and without disbursements. The reductions for the later three years were disproportionate to the actual increase in value of the property demonstrated by 14 neighborhood sales of comparable parcels in which the ration of assessments to acknowledged value factors was markedly higher. Other factors such as increases in the amount of mortgage and building insurance are consonant only with a conclusion that the reduction was not warranted for the period examined. Concur—Birns, J. P., Evans, Capozzoli and Markewich, JJ.

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Bluebook (online)

58 A.D.2d 760, 396 N.Y.S.2d 239, 1977 N.Y. App. Div. LEXIS 12914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/35-east-38th-street-associates-v-tax-commission-nyappdiv-1977.