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MERRICK v. BD. OF ASSESSORS

45 N.Y.2d 538 (1978)

In the Matter of Merrick Holding Corp., Respondent, v. Board of Assessors of the County of Nassau, Appellant.

Court of Appeals of the State of New York.

Decided November 2, 1978.

Attorney(s) appearing for the Case

Edward G. McCabe, County Attorney (Thomas A. Lifland and Leon Friedman of counsel), for appellant.

Douglas P. Null and Miriam P. Null for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur with Judge FUCHSBERG; Chief Judge BREITEL concurs in result and so much of the opinion as states the rule that the county is entitled to assess the full value of the property regardless of whether the property is burdened by disadvantageous leases.

FUCHSBERG, J.

Merrick Holding Corp., the owner of land improved by a 29-store shopping center complex in Nassau County, brought this consolidated certiorari proceeding to review the amount at which the property was assessed for the 1968-1975 tax years. The valuation had been arrived at by the income capitalization method. However, instead of accepting actual rental...

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