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Lower East Side Action Project, Inc. v. Town of Liberty

87 Misc. 2d 860 Court Supreme Court, Special Term, Sullivan County, Decision date 1972-08-24 English

Delivered by John T. Casey, J.

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p. 860
Lower East Side Action Project, Inc., Plaintiff, v Town of Liberty et al., Defendants.
Supreme Court, Special Term, Sullivan County,
August 24, 1972.
Levine & Levine for plaintiff. Abraham Kleinman for Sullivan County, defendant. Alfred H. Beck for Assessor, Town of Liberty, and another, defendants. Gross, Gross & Gross for Central School District No. 1 of Towns of Liberty, Bethel, Fallsburg, Never sink, Rockland and Thompson, defendant.

In view of the again amended paragraphs (a) and (b) of subdivision 1 of section 421 of the Real Property Tax Law by the 1972 Legislature, which provide that retroactive to January 1, 1972 nonprofit corporations whose purpose is the moral and mental improvement of men, women and children are tax exempt regardless of local law, my prior decision ( 70 Misc 2d 562 ) must be amended and the plaintiffs motion for summary judgment in its declaratory judgment action granted to the extent of declaring that as of January 1, 1972 the plaintiff corporation is exempt from taxation as provided in section 421 (subd 1, pars [a], [b]) of the Real Property Tax Law.

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