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CONSOLIDATED ED v. CITY OF NY

8 N.Y.3d 591 (2007)

869 N.E.2d 634

838 N.Y.S.2d 458

In the Matter of CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Respondent, v. CITY OF NEW YORK et al., Appellants.

Court of Appeals of the State of New York.

Decided June 5, 2007.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Paul T. Rephen, Rita D. Dumain and Robert J. Paparella of counsel), for appellants.

Podell, Schwartz, Schechter & Banfield, LLP, New York City (Gary Schuller and William E. Banfield of counsel), for respondent.

James J. O'Keeffe, Albany, and Philip G. Hembdt for New York State Board of Real Property Services, amicus curiae.

Donna M.C. Giliberto, Albany, and A. Kevin Crawford for the Association of Towns of the State of New York and another, amici curiae.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

Chief Judge KAYE.

The issue before us in this tax certiorari proceeding is whether functional obsolescence due to excess construction costs was appropriately considered in fixing the value of certain speciality property. On the particular record before us, we agree with the trial court and Appellate Division that it was.

Petitioner Consolidated Edison Company of New York, Inc. (Con Edison...

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