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MATTER OF 52ND STREET DESIGNEE CORPORATION v. TAX APPEALS TRIBUNAL OF THE STATE OF NEW YORK

281 A.D.2d 758 (2001)

722 N.Y.S.2d 283

In the Matter of 52ND STREET DESIGNEE CORPORATION et al., Petitioners, 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 15, 2001.

Lahtinen, J.

Petitioners owned real property that was taken by the State through its power of eminent domain. Petitioners do not dispute that they received full market value for their respective properties but objected to the imposition of the transfer gains tax which was applied to transfers of real property where the consideration was $1,000,000 or more pursuant to Tax Law former article 31-B.1

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