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MATTER OF PHELPS DODGE INDUS., INC. v. KONDZIELASKI

131 A.D.2d 675 (1987)

In the Matter of Phelps Dodge Industries, Inc., Respondent, v. John F. Kondzielaski et al., Appellants

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

June 15, 1987

Ordered that the order and judgment is affirmed, without costs or disbursements.

The principal issue on appeal is whether the petitioner's 105-foot high, one story and mezzanine, research laboratory building erected in 1969 and containing extra high-voltage test facilities, should have been treated as a specialty structure and thus valued by a cost approach. The appellants used the income capitalization approach with respect...

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