Legal Opinion

Landmark Dining Systems, Inc. v. Tax Appeals Tribunal

Appellate Division of the Supreme Court of the State of New York

Decided February 8, 1996PublishedCited by 4 opinions

1Opinion of the Court

—White, J.

Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to Tax Law § 2016) to review a determination of respondent Tax Appeals Tribunal which sustained an assessment of tax on gains derived from certain real property transfers imposed under Tax Law article 31-B.

In April 1985, petitioner executed a lease agreement relating to premises owned by Empire Hotel-Lincoln Center Associates (hereinafter Empire) on the first floor and basement levels of the Empire Hotel in New York City. Contemporaneously with the execution of the lease, petitioner signed a "Consulting…

2Cases cited5 opinions

  1. Braten v. Bankers Trust Co.New York Court of Appeals · 1983
  2. Namad v. Salomon Inc.New York Court of Appeals · 1989
  3. Transervice Lease Corp. v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 1995
  4. Brewery v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 1995
  5. Hemsley v. PannickAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by4 opinions

  1. Shah v. Micro Connections, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
  2. Estate of Brockman v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 1997
  3. OfficeMax North America v. Tax Appeals Tribunal of Department of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 2006
  4. Spencer v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 1998

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