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MTR. OF UNITED STATES v. TAX COMM.

22 A.D.2d 290 (1964)

In the Matter of The United States of America, Appellant-Respondent, v. Tax Commission of the City of New York, Respondent-Appellant

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

December 17, 1964.

Attorney(s) appearing for the Case

Laurence Vogel of counsel (Arthur S. Olick and I. Henry Kutz with him on the brief; Robert M. Morgenthau, United States Attorney, and Patricia A. Garfinkel), for appellant-respondent.

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

BOTEIN, P. J., VALENTE, McNALLY and STEVENS, JJ., concur.

BREITEL, J.

These are cross appeals from a determination, after trial before the court alone by Special Referee, in a tax certiorari proceeding. The determination reduced the assessments. But the result was achieved by first increasing the assessments and then deducting a sum greater than the allowed increase for a portion of the property found by the court to be exempt from local taxation because it was Federal...

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