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MTR. OF VINARD, INC. v. STATE TAX COMM.

10 A.D.2d 145 (1960)

In the Matter of H. M. Vinard, Inc., Petitioner, 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.

March 18, 1960.

Attorney(s) appearing for the Case

Whitehorn & Cowin (Joseph Delman and Victor Whitehorn of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (Herman F. Nehlsen and Paxton Blair of counsel), for respondent.

BERGAN, P. J., COON, GIBSON, HERLIHY and REYNOLDS, JJ., concur.

Per Curiam.

The testimony discloses that the petitioner — H. M. Vinard, Inc. — was a real estate corporation whose stock was owned by Ben Forman to the extent of 80%, his sons, Howard and Melvin, owning 10% each of the remainder. At the time of the purchase of the real property there were tenants in possession but thereafter and at the time of the tax assessment here contested (1954-1955) the property...

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