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MATTER OF 93RD STREET ASSOCIATES v. TAX APPEALS TRIBUNAL OF THE STATE OF NEW YORK

259 A.D.2d 855 (1999)

686 N.Y.S.2d 210

In the Matter of 93RD STREET 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.

Decided March 11, 1999.

Carpinello, J.

Petitioner, a residential condominium developer, sought a refund of a portion of real property gains taxes paid on the sale of condominiums between 1985 and 1990 pursuant to Tax Law former article 31-B. The claim for refund was based on petitioner's $1.5 million settlement in 1993 of a lawsuit which had been filed by the Board of Managers of the condominium association claiming defects in the building. Petitioner...

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