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MATTER OF PACE COLL v. BOYLAND

4 N.Y.2d 528 (1958)

In the Matter of Pace College, Appellant, v. William E. Boyland et al., Constituting the Tax Commission of the City of New York, Respondents.

Court of Appeals of the State of New York.

Decided June 25, 1958.

Attorney(s) appearing for the Case

Herbert Plaut and Charles E. Scribner for appellant.

Peter Campbell Brown, Corporation Counsel (Edith I. Spivack and Morris Handel of counsel), for respondents.

Judges DESMOND, DYE, FULD and BURKE concur with Judge VAN VOORHIS; Judge FROESSEL dissents in an opinion in which Chief Judge CONWAY concurs.

VAN VOORHIS, J.

Subdivision 6 of section 4 of the Tax Law exempts from the general property tax the real property of a corporation or association organized exclusively for educational or other benevolent purposes, provided that the property is used by it exclusively for such purposes. This section further provides: "The real property of any such corporation not so used exclusively for carrying out thereupon one...

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