Legal Opinion

Trump Village Section 3, Inc. v. City of New York

New York Court of Appeals

Decided December 19, 2014No. 221PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Abdus-Salaam, J.

We are presented with the following question: Does a taxable transfer pursuant to Tax Law § 1201 (b) and section 11-2102 (a) of the Administrative Code of the City of New York occur when a residential housing cooperative corporation terminates its participation in the Mitchell-Lama program and amends its certificate of incorporation as part of its voluntary dissolution and reconstitution as a cooperative corporation governed by the Business Corporation Law? We agree with the Appellate Division that no taxable event occurs.

L

Plaintiff, Trump Village Section…

2Cases cited3 opinions

  1. Debevoise & Plimpton v. New York State Department of Taxation & FinanceNew York Court of Appeals · 1993
  2. Consolidated Kansas City Smelting & Refining Co. v. Secretary of StateAppellate Division of the Supreme Court of the State of New York · 1897
  3. East Midtown Plaza Housing Co. v. CuomoNew York Court of Appeals · 2012

3Cited by2 opinions

  1. Matter of Level 3 Communications, LLC v. Clinton CountyAppellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of de Suze v. Linden Plaza Preserv.Appellate Division of the Supreme Court of the State of New York · 2016

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