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MERRY-GO-ROUND v. ASSESSOR

No. 201.

24 N.Y.3d 362 (2014)

23 N.E.3d 984

998 N.Y.S.2d 716

2014 NY Slip Op 07928

In the Matter of MERRY-GO-ROUND PLAYHOUSE, INC., Respondent, v. ASSESSOR OF CITY OF AUBURN et al., Appellants.

Court of Appeals of New York.

Decided November 18, 2014.

Attorney(s) appearing for the Case

Andrew S. Fusco , Auburn, for appellants.

Boyle & Anderson, P.C., Auburn ( Charles H. Lynch, Jr. , of counsel), for respondent.

Kathleen Hodgdon , Association of Towns of the State of New York, Albany and Richard Sinnott , New York State Conference of Mayors and Municipal Officials, Albany, for Association of Towns of the State of New York and another, amici curiae.

OPINION OF THE COURT

The issue presented by this appeal is whether certain real property owned by petitioner Merry-Go-Round Playhouse, a not-for-profit theater corporation, and used to house its staff and summer stock actors, is exempt from taxation under RPTL 420-a. We hold that Merry-Go-Round has established its...

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