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MATTER OF PUTNAM THEATRICAL CORP. v. GINGOLD

11 A.D.2d 1090 (1960)

In the Matter of Putnam Theatrical Corp., Respondent, v. Benjamin M. Gingold, as Commissioner of Assessment of The City of Syracuse, Appellant. (And 40 Other Associated Proceedings.)

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

October 27, 1960

Order unanimously modified in accordance with the memorandum and as modified affirmed, without costs of this appeal to either party.

Memorandum:

Special Term failed to pass upon the issue presented. Petitioner moved for an order to "vacate" the respondent's answer to the demand served pursuant to section 716 of the Real Property Tax Law on the ground that the answer, among other things, was sham and frivolous. Clearly...

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