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DPC v. ASSESSOR JOHNSBURG

135 A.D.2d 224 (1988)

In the Matter of D. P. C. Reconstruction Finance Corporation, by NL Industries, Inc., Appellant, v. Assessor of the Town of Johnsburg et al., Respondents

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

March 3, 1988

Attorney(s) appearing for the Case

Sive, Paget & Riesel, P. C. (Karen E. Gross of counsel), for appellant.

Edward S. Stewart for respondent.

MAHONEY, P. J., KANE, WEISS and LEVINE, JJ., concur.

CASEY, J.

At issue on this appeal is whether real property owned by the United States, which is leased to petitioner, a private corporation, and used for commercial purposes, is exempt from real property taxation pursuant to RPTL 400 (1). We hold that such property is exempt and, therefore, reverse Supreme Court's order.

The subject property is a segment of a 33-mile right-of-way between petitioner...

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