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MATTER OF BROOKDALE PHYSICIANS' DIALYSIS ASSOC., INC. v. DEPARTMENT OF FIN. OF THE CITY OF N.Y.

10471. 156074/17.

178 A.D.3d 443 (2019)

113 N.Y.S.3d 691

2019 NY Slip Op 08636

In the Matter of Brookdale Physicians' Dialysis Associates, Inc., Formerly Known as Church Avenue Associates, Inc., Respondent, et al., Petitioner, v. Department of Finance of the City of New York, Appellant.

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

Decided December 3, 2019.

Attorney(s) appearing for the Case

Georgia M. Pestana , Acting Corporation Counsel, New York ( Joseph J. Kroening of counsel), for appellant.

Cozen O'Connor, New York ( Menachem J. Kastner of counsel), for respondent.

Concur—Friedman, J.P., Oing, Singh, Moulton, JJ.

The article 78 court correctly determined that the building owned by petitioner Samuel and Bertha Schulman Institute for Nursing and Rehabilitation Fund, Inc. (Schulman) and used for the provision of a critical healthcare service qualifies for tax-exempt status, notwithstanding the for-profit status of the provider of the service.

Schulman is a not-for-profit organization established for the purpose of providing funding and support to Brookdale Hospital Medical Center...

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