ABELSONS, INC. v. CITY OF NEWARK


83 N.J. Super. 205 (1964)

199 A.2d 244

ABELSONS, INC., PETITIONER-RESPONDENT, v. CITY OF NEWARK, RESPONDENT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 3, 1964.


Attorney(s) appearing for the Case

Mr. Saul A. Wolfe, Assistant Corporation Counsel, for appellant (Mr. Norman N. Schiff, Corporation Counsel, attorney).

Mr. Lawrence L. Lasser for respondent Abelsons, Inc. (Messrs. Lasser & Lasser, attorneys).

Mr. Alan B. Handler, Deputy Attorney General, filed a statement in lieu of brief for respondent Division of Tax Appeals (Mr. Arthur J. Sills, Attorney General, attorney).

Before Judges GOLDMANN, KILKENNY and COLLESTER.


The opinion of the court was delivered by GOLDMANN, S.J.A.D.

This matter was remanded to the Division of Tax Appeals for an explanation in the light of the record of its use of a $40,000 rental figure, a flat 10% deduction for expenses and vacancies, and 12% (for land) and 15% (for improvements) capitalization rates. The Division could call upon the parties for additional testimony. It was to file its amended and supplemental...

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