MTR. OF LONGPORT REALTY v. EKLUND


44 Misc.2d 1020 (1964)

In the Matter of Longport Realty Corp. et al., Petitioners, v. William M. Eklund, as Assessor of the Town of Rye, et al., Respondents.

Supreme Court, Westchester County.

November 13, 1964


Attorney(s) appearing for the Case

Schupp & Buckley for petitioners. Irving Wein, Town Attorney (Stephen Davis of counsel), for respondents.


HUGH S. COYLE, J.

Motion by respondents, Town of Rye and Village of Port Chester, for a reargument is granted, and upon such reargument the decision of this court confirming the Referee's report, dated July 2, 1964, is withdrawn and substituted therefor is the following decision:

The Referee, in compiling his capitalization rate (sometimes referred to as a "built up" capitalization rate) for his tax component should have used the figure of 3.66...

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