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In re Lovett v. Assessor of Town of Islip

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 2002
298 A.D.2d 521 (N.Y. App. Div. 2002)

Opinion

2001-06447

Submitted October 1, 2002.

October 21, 2002.

In a proceeding pursuant to RPTL article 7 to review the property tax assessment for the tax year 1995/1996 as to certain real property, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Prudenti, J.), entered March 14, 2001, which denied the petition and dismissed the proceeding.

Reilly, Like, Tenety Ambrosino, Babylon, N.Y. (Vincent C. Tenety of counsel), for appellant.

Vincent J. Messina, Jr., Town Attorney, Islip, N.Y. (Anne M. Danziger of counsel), for respondents.

Before: ANITA R. FLORIO, J.P., WILLIAM D. FRIEDMANN, THOMAS A. ADAMS, STEPHEN G. CRANE, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

It is well settled that "the purchase price set in the course of an arm's length transaction of recent vintage, if not explained away as abnormal in any fashion, is evidence of the `highest rank' to determine the true value of the property at that time" (Plaza Hotel Assoc. v. Wellington Assoc., 37 N.Y.2d 273, 277). The Supreme Court correctly determined that the 1994 sale price of the subject property was the best evidence of its value (cf. Matter of FMC Corp. v. Unmack, 92 N.Y.2d 179, 189).

The petitioner's remaining contentions are without merit.

FLORIO, J.P., FRIEDMANN, ADAMS and CRANE, JJ., concur.


Summaries of

In re Lovett v. Assessor of Town of Islip

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 2002
298 A.D.2d 521 (N.Y. App. Div. 2002)
Case details for

In re Lovett v. Assessor of Town of Islip

Case Details

Full title:IN THE MATTER OF ROBERT LOVETT, appellant, v. ASSESSOR OF TOWN OF ISLIP…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 21, 2002

Citations

298 A.D.2d 521 (N.Y. App. Div. 2002)
748 N.Y.S.2d 517

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