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MTR 107 DELAWARE v. TAX COMM

99 A.D.2d 29 (1984)

In the Matter of 107 Delaware Associates et al., Petitioners, v. New York State Tax Commission, Respondent

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

February 2, 1984

Attorney(s) appearing for the Case

Whiteman Osterman & Hanna (Michael Whiteman and Kevin M. Young of counsel), for petitioners.

Robert Abrams, Attorney-General (Peter G. Crary and William J. Kogan of counsel), for respondent.

MAHONEY, P. J., WEISS and LEVINE, JJ., concur with MAIN, J.; CASEY, J., dissents and votes to confirm in a separate opinion.

MAIN, J.

Petitioner 107 Delaware Associates (hereinafter Delaware) is a partnership which owns the Statler Building in the City of Buffalo. The building houses hotel facilities, apartments, offices, and commercial and retail space. The hotel, food, beverage and banquet facilities are operated by Stassett Corporation (hereinafter Stassett). The other previously mentioned facilities are operated by Delaware. Petitioners...

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