MATTER OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY v. GAMAGE

1012 CA 10-00582.

77 A.D.3d 1353 (2010)

908 N.Y.S.2d 503

In the Matter of SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, James Syracuse LLC, as Lessee, Respondent, v. JOHN C. GAMAGE, Assessor, City of Syracuse, et al., Appellants. (Appeal No. 1.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided October 1, 2010.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum:

In these three tax certiorari appeals, respondents appeal from an order denying their pre-answer motions pursuant to CPLR 3211 (a) (1) and (7) to dismiss the respective petitions in each proceeding, based on documentary evidence establishing a defense to the petitions and for failure to state a cause of action. We affirm for reasons stated in the decision...

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