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MTR. OF KNICKERBOCKER VIL. v. BOYLAND

16 A.D.2d 223 (1962)

In the Matter of Knickerbocker Village, Inc., Appellant v. William E. Boyland et al., Constituting The Tax Commission of the City of New York, Respondents

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

April 17, 1962.

Attorney(s) appearing for the Case

Arthur C. Fink of counsel (Joseph A. Weinberger with him on the brief; Fink, Weinberger, Levin & Gottschalk, attorneys), for appellant.

James J. McGowan of counsel (Edward J. McLaughlin with him on the brief; Leo A. Larkin, Corporation Counsel, attorney), for respondents.

Daniel M. Cohen of counsel (Paxton Blair with him on the brief; Louis J. Lefkowitz, Attorney-General), for Commissioner of Housing of the State of New York.

Mendel Lurie for Boulevard Gardens Housing Corp. and another, amici curiæ.

STEVENS and BERGAN, JJ., concur with McNALLY, J.; STEUER, J., concurs in a memorandum; BREITEL, J. P., dissents in opinion.

McNALLY, J.

This is a tax certiorari proceeding to review the assessments on premises known as Knickerbocker Village, 10-40 Monroe Street, situated at Catherine, Monroe, Market and Cherry Streets, Borough of Manhattan, for the tax years 1958-59 and 1959-60. The premises are improved with a limited dividend housing project comprising 1,593 apartments with a total of 6,031 rooms, 24 stores and one office. The project...

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