From Casetext: Smarter Legal Research

Matter of 5 East 71st Street, Inc. v. Boyland

Court of Appeals of the State of New York
Dec 30, 1959
164 N.E.2d 866 (N.Y. 1959)

Summary

In Matterof 5 East 71st St. v. Boyland (7 N.Y.2d 859, 860-861) the memorandum of affirmance stated: "In so deciding, we do not find that the Official Referee erred in refusing to give weight to the 1948 sale to the co-operative corporation or to the separate sales to its tenant purchasers. It is sufficient to say that evidence of the original cost of the land and building in 1946 plus evidence of the sharp increase in value since that time are enough to sustain the assessed valuations."

Summary of this case from Matter of 860 Fifth Ave. Corp. v. Tax Comm

Opinion

Argued October 19, 1959

Decided December 30, 1959

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EUGENE L. BRISACH, Off. Ref.

Stephen W. Hanley and Aaron H. Shaffer for appellant.

Charles H. Tenney, Corporation Counsel ( Morris Einhorn and Morris Handel of counsel), for respondents.


Order affirmed, without costs. In so deciding, we do not find that the Official Referee erred in refusing to give weight to the 1948 sale to the co-operative corporation or to the separate sales to its tenant purchasers. It is sufficient to say that evidence of the original cost of the land and building in 1946 plus evidence of the sharp increase in values since that time are enough to sustain the assessed valuations. No opinion.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.


Summaries of

Matter of 5 East 71st Street, Inc. v. Boyland

Court of Appeals of the State of New York
Dec 30, 1959
164 N.E.2d 866 (N.Y. 1959)

In Matterof 5 East 71st St. v. Boyland (7 N.Y.2d 859, 860-861) the memorandum of affirmance stated: "In so deciding, we do not find that the Official Referee erred in refusing to give weight to the 1948 sale to the co-operative corporation or to the separate sales to its tenant purchasers. It is sufficient to say that evidence of the original cost of the land and building in 1946 plus evidence of the sharp increase in value since that time are enough to sustain the assessed valuations."

Summary of this case from Matter of 860 Fifth Ave. Corp. v. Tax Comm
Case details for

Matter of 5 East 71st Street, Inc. v. Boyland

Case Details

Full title:In the Matter of 5 EAST 71ST STREET, INC., Appellant, against WILLIAM E…

Court:Court of Appeals of the State of New York

Date published: Dec 30, 1959

Citations

164 N.E.2d 866 (N.Y. 1959)
164 N.E.2d 866
196 N.Y.S.2d 994

Citing Cases

Matter of Seagram Sons v. Tax Comm

We find no such errors here. Although we do not concur in everything said in the two Appellate Division…

Matter of Seagram Sons v. Tax Comm

At this point it is not necessary to reach that hurdle. It has been held with respect to new buildings that…