Sikora Realty Corp. v. Bales — 248 N.Y. 592

Majority

p. 592

In the Matter of Sikora Realty Corporation, Respondent, against Charles W. Bales, Superintendent of Buildings of the Borough of Queens, Appellant.

Headnote

New York city — tax exemption — mandamus — Superintendent of Buildings directed to correct records so as to show buildings completed within time to obtain exemption.

Matter of Sikora Realty Corp. v. Bales, 222 App. Div. 837 , affirmed.

(Argued May 28, 1928;

decided June 12, 1928.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 27,1928, which unanimously affirmed an order of Special Term granting a motion for a peremptory order of mandamus to compel defendant to correct the records of his office to show that certain buildings belonging to petitioner were completed for

p. 593

occupancy on or before the 29th day of March, 1924, so as to come within a tax exempt ordinance of the city of New York adopted pursuant to the provisions of section 4-b of the Tax Law (L. 1920, ch. 949).

George P. Nicholson, Corporation Counsel (Willard S. Allen, J. Joseph Lilly and Robert J. Culhane of counsel), for appellant.

William Gilligan and Henry F. Wolff for respondent.

Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O'Brien, JJ.