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MATTER OF FOUR SEASONS FITNESS & RACQUET CLUB v. ASSESSOR OF THE TOWN OF AMHERST

212 A.D.2d 1025 (1995)

624 N.Y.S.2d 1003

In the Matter of Four Seasons Fitness & Racquet Club, Respondent, v. Assessor of the Town of Amherst et al., Appellants

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

February 3, 1995

Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum:

We agree with Supreme Court that petitioner sustained its burden of overcoming the validity of the assessment (see, Matter of Welch Foods v Town of Portland, 187 A.D.2d 948). We further conclude that the court did not err in utilizing the cost less depreciation...

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