CONSOL. EDISON CO. OF NEWYORK, INC. v. CITY OF NEW YORK


80 N.Y.2d 794 (1992)

Consolidated Edison Company of New York, Inc., Appellant, v. City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided June 9, 1992.


Attorney(s) appearing for the Case

Gary Schuller and Frederick J. Hunziker, Jr., for appellant.

O. Peter Sherwood, Corporation Counsel (Edith I. Spivack and Reed G. Schneider of counsel), for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Prior to 1990, all Consolidated Edison's real property used in connection with its utility business was designated as "utility real property" (RPTL 1801 [c]), and classified as "class three" property for tax purposes (RPTL 1802 [1]). In 1989, however, the Legislature narrowed the definition of "utility real property" by providing that...

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