AUERBACH v. STATE TAX COMMN.


142 A.D.2d 390 (1988)

In the Matter of Harvey Auerbach, Appellant, v. State Tax Commission, Respondent

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

December 29, 1988


Attorney(s) appearing for the Case

Berman & Freedman (Donald E. Freedman and Michael Kaufman of counsel), for appellant.

Robert Abrams, Attorney-General (Wayne L. Benjamin, Nancy A. Spiegel and Wayne L. Benjamin of counsel), for respondent.

MAHONEY, P. J., WEISS, MIKOLL and HARVEY, JJ., concur.


KANE, J.

The facts in this case are not in dispute. On July 7, 1983, petitioner signed a contract to purchase land located in Suffolk County for $2,600,000. Thereafter, on July 20, 1984, petitioner assigned the contract to Steven Shulman and Mark Shulman (hereinafter the assignees). The assignment agreement set forth a total price to be paid by the assignees of the sum which, when added to the amount to be paid...

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