MATTER OF 40 SUTTON ASSOCS. v. FIN. ADMIN. OF THE CITY OF NEW YORK


70 A.D.2d 519 (1979)

In the Matter of 40 Sutton Associates, Appellant, v. Finance Administration of the City of New York et al., Respondents

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

May 3, 1979


Unanimously modified, on the law, without costs, to the extent that the judgment is vacated, the findings of valuation are affirmed, and the matter is remanded for a new trial on the issue of inequality only and appropriate judgment thereafter.

The Corporation Counsel, representing the tax authorities, concedes that the petition was sufficient to raise the issue of inequality and that a remand to the trial court on this issue is required. (See Guth Realty v Gingold...

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