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MATTER OF DOWNTOWN A. CLUB v. STATE TAX COMM.

280 A.D. 363 (1952)

In the Matter of Downtown Athletic Club of New York City, Inc., et al., Petitioners, v. State Tax Commission of the State of New York, Respondent

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

June 13, 1952.

Attorney(s) appearing for the Case

Raymond B. Seymour for petitioners.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, and Philip J. Fitzgerald of counsel), for respondent.

FOSTER, P. J., HEFFERNAN, BREWSTER and COON, JJ., concur.

BERGAN, J.

In October, 1947, the Downtown Athletic Club of New York City, Inc., being in possession of real and personal property on West Street entered into an agreement of purchase with the owner the General Realty and Utilities Corporation.

The gross purchase price was $2,050,000 of which $1,750,000 was for the real property. The contract gave the purchaser the right to possession of the real and personal...

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