MATTER OF 43RD ST. SECOND AVE. CORP. v. CITY OF NEW YORK


83 N.Y.2d 776 (1994)

632 N.E.2d 1271

610 N.Y.S.2d 948

In the Matter of 43rd Street Second Avenue Corp., on Behalf of Itself and All Others Similarly Situated, Appellant, v. City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided February 15, 1994.


Attorney(s) appearing for the Case

Seiden, Stempel & Bennett, New York City (Richard L. Claman and Jay G. Seiden of counsel), for appellant.

Paul A. Crotty, Corporation Counsel of New York City (Regina Feder, Edith I. Spivack and Joseph I. Lauer of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, LEVINE and CIPARICK concur; Judges TITONE and SMITH taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We find no abuse of discretion in the Appellate Division's determination that class certification is unwarranted in this case.

Additionally, judicial mandamus is unavailable to petitioner-appellant to grant retroactive relief for tax years 1990-1991 and 1991-1992 concerning a tax benefit under Real Property Tax Law § 421-a...

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