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MATTER OF GOLUB CORP. v. NEW YORK STATE TAX APPEALS TRIBUNAL

515402.

116 A.D.3d 1261 (2014)

984 N.Y.S.2d 454

2014 NY Slip Op 2638

In the Matter of THE GOLUB CORPORATION, Petitioner, v. NEW YORK STATE TAX APPEALS TRIBUNAL et al., Respondents.

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

Decided April 17, 2014.

Lahtinen, J.P.

Rotterdam Ventures owns the Rotterdam Industrial Park and leases the entire park to its affiliate, FM Ventures, Inc. Petitioner, a qualified empire zone enterprise (hereinafter QEZE) (see Tax Law § 15 [a]) that operates a supermarket chain, entered into a sublease with FM Ventures regarding 8.22 acres in the industrial park. FM Ventures agreed to construct on such parcel a 152,000 square foot freezer warehouse to be used by petitioner for...

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