COMMERCE CORP v. ASSESSORS BD


88 N.Y.2d 724 (1996)

673 N.E.2d 127

649 N.Y.S.2d 932

In the Matter of Commerce Holding Corp., Respondent, v. Board of Assessors of the Town of Babylon et al., Appellants.

Court of Appeals of the State of New York.

Decided October 22, 1996.


Attorney(s) appearing for the Case

John C. Bivona, Huntington, for appellants.

Meyer, Suozzi, English & Klein, P. C., Mineola (Andrew J. Turro, Jeffrey G. Stark, Michael A. Ciaffa and Anne J. DelCasino of counsel), for respondent.

Paul A. Crotty, Corporation Counsel of New York City (Robert P. Carver, Paul T. Rephen and Elizabeth Dvorkin of counsel); Donna M. C. Giliberto, Albany; A. Kevin Crawford, Albany; Owen B. Walsh, County Attorney of Nassau County, Mineola (Robert T. Bloom and Robert N. Goldstein of counsel); Edward D. Peace, Corporation Counsel of City of Buffalo (Joyce J. Manch of counsel); and Joseph E. Lamendola, Corporation Counsel of City of Syracuse (Robert G. Stone of counsel), for City of New York and others, amici curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.


CIPARICK, J.

In these consolidated tax certiorari proceedings, petitioner Commerce Holding Corp. seeks a reduction of the assessed value of its property by the Board of Assessors and the Board of Assessment Review of the Town of Babylon.1 The main point of contention is whether environmental contamination should be considered in valuing Commerce's property for tax purposes. Because...

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