PEOPLE EX REL. TEN BROECK APTS. CORP. v. KINNAW


276 A.D. 722 (1950)

The People of the State of New York EX REL. Ten Broeck Apartments Corporation, Respondent, v. Richard J. Kinnaw, as Commissioner of Assessment and Taxation of The City of Albany, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 10, 1950.


Attorney(s) appearing for the Case

Rollin B. Sanford and Ernest B. Morris for respondent.

James J. McGuiness, Corporation Counsel (Harold E. Blodgett of counsel), for appellants.

HEFFERNAN, BREWSTER, BERGAN and COON, JJ., concur with Memorandum by the Court: FOSTER, P. J., dissents in an opinion.


MEMORANDUM BY THE COURT.

The finding of the Special Term on the question of overvaluation of relator's property is sustained by the record. Its conclusion that the ratio of assessed value to full value in the tax district generally is 72% is open to substantially the same infirmities considered in People ex rel. Reynolds v. Kinnaw (ante, p. 718), and for this reason the order should be reversed.

Orders reversed, on the law and facts, and a new...

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