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MTR. OF A & P TEA CO. v. KIERNAN

49 A.D.2d 99 (1975)

In the Matter of The Great Atlantic & Pacific Tea Company, Inc., Respondent, v. Thomas J. Kiernan, as Assessor of The Town of Horseheads, et al., Appellants

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

July 24, 1975

Attorney(s) appearing for the Case

Louis J. Mustico for appellants.

Sayles, Evans, Brayton, Palmer & Tifft (Edward B. Hoffman of counsel), for respondent.

HERLIHY, P. J., GREENBLOTT, SWEENEY and MAIN, JJ., concur.

LARKIN, J.

The appellants are the assessors and the Board of Review of the Town of Horseheads, Chemung County, New York (assessors) and the respondent is the Great Atlantic & Pacific Tea Company, Inc. (A & P). At issue herein is the proper method of valuation for tax purposes of the property of the A & P situate in the Town of Horseheads.

It is undisputed that the property was assessed for...

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