Realty 1679, Inc. v. Tax Commission

Appellate Division of the Supreme Court of New York

Realty 1679, Inc. v. Tax Commission

79 A.D.2d 564, 433 N.Y.S.2d 793, 1980 N.Y. App. Div. LEXIS 13877

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

DecidedDecember 16, 1980

StatusPublished

This text of 79 A.D.2d 564 (Realty 1679, Inc. 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

Realty 1679, Inc. v. Tax Commission, 79 A.D.2d 564, 433 N.Y.S.2d 793, 1980 N.Y. App. Div. LEXIS 13877 (N.Y. Ct. App. 1980).

Pincite

Opinion

Judgment, Supreme Court, New York County, entered on or about September 7, 1978, granting to some extent in a tax certiorari proceeding a petition to reduce tax assessments, unanimously affirmed, without costs. We note that the decision at Special Term granting to some extent in a tax certiorari proceeding a petition to reduce tax assessments failed to comply with the requirement of subdivision 2 of section 720 of the Real Property Tax Law that such decision or final order “shall contain the essential facts found upon which the ultimate finding of facts is made.” (See Matter of Hotel Blackstone v Tax Comm. of City of N. Y., 73 AD2d 886.) However, this quite short record adequately discloses the principal issue presented. In essence, Special Term was confronted with a disagreement between expert witnesses as to the appropriate capitalization rate to be applied to the commercial property in question. We are satisfied that the record provides adequate support for Special Term’s determination. Concur—Kupferman, J. P., Birns, Fein, Sandler and Lupiano, JJ.

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Judgment, Supreme Court, New York County, entered on or about September 7, 1978, granting to some extent in a tax certiorari proceeding a petition to reduce tax assessments, unanimously affirmed, without costs. We note that the decision at Special Term granting to some extent in a tax certiorari proceeding a petition to reduce tax assessments failed to comply with the requirement of subdivision 2 of section 720 of the Real Property Tax Law that such decision or final order “shall contain the essential facts found upon which the ultimate finding of facts is made.” (See Matter of Hotel Blackstone v Tax Comm. of City of N. Y., 73 AD2d 886.) However, this quite short record adequately discloses the principal issue presented. In essence, Special Term was confronted with a disagreement between expert witnesses as to the appropriate capitalization rate to be applied to the commercial property in question. We are satisfied that the record provides adequate support for Special Term’s determination. Concur—Kupferman, J. P., Birns, Fein, Sandler and Lupiano, JJ.

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Bluebook (online)

79 A.D.2d 564, 433 N.Y.S.2d 793, 1980 N.Y. App. Div. LEXIS 13877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/realty-1679-inc-v-tax-commission-nyappdiv-1980.

Opinion

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