Legal Opinion
MATTER OF CONIFER BALDWINSVILLE ASSOCS. v. Town of Van Buren
New York Court of Appeals
Decided September 9, 1986PublishedCited by 19 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, without costs.
The Appellate Division committed no error of law in using actual income as distinct from market rents and in using actual expenses as found by it rather than as stated in petitioner’s bill of particulars. Not only was there "no showing that the rents fixed by HUD do not reflect the value of the property”, as that court noted (115 AD2d 325), but also there was evidence in testimony of petitioner’s appraiser that the income actually received exceeded the market rent. It is only "when fair market…
2Cases cited4 opinions
- Ed Guth Realty, Inc. v. GingoldNew York Court of Appeals · 1974
- Merrick Holding Corp. v. Board of AssessorsNew York Court of Appeals · 1978
- 860 Executive Towers, Inc. v. Board of AssessorsAppellate Division of the Supreme Court of the State of New York · 1976
- Pierre Pellaton Apts., Inc. v. Board of AssessorsNew York Court of Appeals · 1977
3Cited by19 opinions
- North Country Housing v. Board of Assessment Review for Village of PotsdamAppellate Division of the Supreme Court of the State of New York · 2002
- Matter of Center Albany Assoc. LP v. Board of Assessment Review of the City of TroyAppellate Division of the Supreme Court of the State of New York · 2017
- Troy Realty Associates., Inc. v. Board of AssessorsAppellate Division of the Supreme Court of the State of New York · 1996
- Myron Hunt/Shaker Loudon Associates v. Board of Assessment ReviewAppellate Division of the Supreme Court of the State of New York · 2004
- Rite Aid Corp. v. HaywoodAppellate Division of the Supreme Court of the State of New York · 2015
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