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  5. 26 N.Y.2d 444 (1970)
 

MTR. SAILORS' SNUG HARBOR v. TAX COMM.

26 N.Y.2d 444 (1970)

In the Matter of the Trustees of the Sailors' Snug Harbor in the City of New York, Respondent, v. Tax Commission of the City of New York, Appellant.

Court of Appeals of the State of New York.

Decided May 14, 1970.

Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel (Edith I. Spivack, Stanley Buchsbaum, Edward J. McLaughlin and Russell D. Scott of counsel), for appellant.

Francis S. Bensel, Alfred W. Roberts and Clark J. Gurney for respondent.

Chief Judge FULD and Judges BREITEL, JASEN and GIBSON concur with Judge BERGAN; Judges BURKE and SCILEPPI dissent and vote to affirm on the opinion at the Appellate Division.

BERGAN, J.

Petitioner, a charitable corporation maintaining a home for the care and maintenance of aged and infirm sailors, has obtained judgment in these tax review proceedings annulling assessments on its property on Staten Island levied by the City of New York for the years 1960 to 1968.

The ground for annulment stated in petitioner's successful motion for summary judgment is that in each tax year...

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