Shubert Organization, Inc. v. Tax Commission — 57 N.Y.2d 717

Majority

p. 717

In the Matter of The Shubert Organization, Inc., Respondent, v Tax Commission of the City of New York et al., Appellants.

Argued September 2, 1982

decided September 8, 1982

p. 718

APPEARANCES OF COUNSEL

Frederick A. O. Schwarz, Jr., Corporation Counsel (Gary Schuller, Leonard Olarsch and Regina Feder of counsel), for appellant.

Emilio Nunez and Benjamin E. Alter for respondents.

p. 719

OPINION OF THE COURT

Order reversed, without costs, and matter remitted to the Appellate Division, First Department, for clarification of whether its order reinstates the existing land and total tax assessments for the years under review and affirms the confirmation of those assessments, or whether it vacates only the land assessment and confirms the building value found by Special Term, thus reducing the total assessment by $175,000 in the first year under review and by $200,000 in each of the succeeding five years under review.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Gabrielli.