MATTER OF BERNORA REALTY CORP. v. TAX COMM'N OF THE CITY OF NEW YORK


36 A.D.2d 854 (1971)

In the Matter of Bernora Realty Corporation, Appellant, v. Tax Commission of the City of New York, Respondent

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

April 26, 1971


Judgment modified on the law and the facts by reducing the assessment for each of the subject years to $225,000; and, as so modified, judgment affirmed, with costs to appellant.

The realty here involved was leased to the city for the period under review at a rental of $34,622 per year. A provision in the lease required the tenant to pay any increase in realty taxes caused by an increase in the tax rate or the assessment (as finally fixed by the court) over those in...

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