Nostra Realty Corp. v. Tax Commission

Appellate Division of the Supreme Court of New York

Nostra Realty Corp. v. Tax Commission

91 A.D.2d 881, 458 N.Y.S.2d 878, 1983 N.Y. App. Div. LEXIS 16154

Appellate Division of the Supreme Court of the State of New York·Decided January 4, 1983·Published

Opinion

— Final order of the Supreme Court, New York County (Mangan, J.), entered December 2, 1980, which confirmed the assessments for the tax years 1970/1971 to 1975/1976 and raised assessments for the tax years 1976/1977 to 1978/1979, modified, on the law and the facts, to the extent of confirming the existing tax assessment of $980,000 for the tax years 1976/1977 to 1978/1979, and as modified, affirmed, without costs. For the reasons stated in Special Term’s opinion of November 8,1982, we find that the fair market value of this parcel equaled or exceeded its assessed value for the tax years under discussion. While Special Term states in its opinion that it did not increase the assessed valuation for the tax years 1976/1977 to 1978/1979, its order, entered December 2, 1980, seems to raise the assessment for those years. For the sake of clarification, we modify the order to show that the assessments for all the years are being confirmed. Concur — Murphy, P. J., Carro, Bloom and Lynch, JJ.

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— Final order of the Supreme Court, New York County (Mangan, J.), entered December 2, 1980, which confirmed the assessments for the tax years 1970/1971 to 1975/1976 and raised assessments for the tax years 1976/1977 to 1978/1979, modified, on the law and the facts, to the extent of confirming the existing tax assessment of $980,000 for the tax years 1976/1977 to 1978/1979, and as modified, affirmed, without costs. For the reasons stated in Special Term’s opinion of November 8,1982, we find that the fair market value of this parcel equaled or exceeded its assessed value for the tax years under discussion. While Special Term states in its opinion that it did not increase the assessed valuation for the tax years 1976/1977 to 1978/1979, its order, entered December 2, 1980, seems to raise the assessment for those years. For the sake of clarification, we modify the order to show that the assessments for all the years are being confirmed. Concur — Murphy, P. J., Carro, Bloom and Lynch, JJ.

Nostra Realty Corp. v. Tax Commission, 91 A.D.2d 881, 458 N.Y.S.2d 878, 1983 N.Y. App. Div. LEXIS 16154 (N.Y. Ct. App. 1983).

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91 A.D.2d 881 (Nostra Realty Corp. v. Tax Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.