470 NEWPORT v. TAX TRIBUNAL


211 A.D.2d 322 (1995)

In the Matter of 470 Newport Associates, Petitioner, v. Tax Appeals Tribunal of the State of New York et al., Respondents

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

May 25, 1995


Attorney(s) appearing for the Case

Hutton & Solomon, New York City (Kenneth I. Moore, Stephen L. Solomon and Roy F. Hutton of counsel), for petitioner.

Dennis C. Vacco, Attorney-General, Albany (Julie S. Mereson and Peter G. Crary of counsel), for Commissioner of Taxation and Finance of the State of New York, respondent.

CARDONA, P. J., MERCURE, CASEY and SPAIN, JJ., concur.


WHITE, J.

Petitioner, a limited partnership, acquired an apartment building located in the Village of Harrison, Westchester County, on September 15, 1976 for $5,750,000. On November 10, 1982, it sold the building to a cooperative housing corporation (hereinafter the CHC) for $15,773,302.20. A part of this consideration consisted of 140,030 unsold shares of the CHC valued at $6,935,162.57. Between March 28, 1983...

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