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MATTER OF HENRY PHIPPS PLAZA SOUTH, INC. v. TAX COMM'N OF THE CITY OF NEW YORK

51 A.D.2d 959 (1976)

In the Matter of Henry Phipps Plaza South, Inc., Respondent-Appellant, v. Tax Commission of the City of New York et al., Appellants-Respondents

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

March 29, 1976

On conflicting evidence, the experienced Special Referee found the value of this land to be $1,050,000, thus impliedly finding that the petitioner had to that extent sustained its burden to overcome the presumption of validity of the Tax Commission's assessment and had failed to establish a lower value than the Special Referee found. We are not persuaded that the Special Referee was wrong. This determination is of course without prejudice to the taxpayer's contractual obligation...

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