MATTER OF MATTONE v. STATE OF NEW YORK DEP'T OF TAXATION & FIN.


144 A.D.2d 150 (1988)

In the Matter of Joseph M. Mattone, Petitioner, v. State of New York Department of Taxation and Finance et al., Respondents

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

October 20, 1988


Yesawich, Jr., J.

The facts are not in dispute. In 1981, petitioner purchased three contiguous parcels, each with a brownstone townhouse, at 9, 11 and 13 East 63rd Street in New York City. He intended to demolish the buildings and replace them with an 11-story apartment building, but was thwarted when the City Landmark Preservation Commission designated building 9 as having some historical architectural significance. Petitioner sold building 9 in January...

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