Legal Opinion
GKK 2 Herald LLC v. City of New York Tax Appeals Tribunal
Appellate Division of the Supreme Court of the State of New York
Decided October 10, 2017No. 82/16 4074PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Kajhn, J.
In this CPLR article 78 proceeding, invoking this Court’s original jurisdiction under CPLR 506 (b) (4), we are asked to decide whether the determination of respondent City of New York Tax Appeals Tribunal that petitioner’s receipt of $111,375,000 was a taxable event was rationally based and supported by substantial evidence. For the reasons that follow, we find that it was.
I. Statement of Facts
A. Factual Background
On April 9, 2007, petitioner GKK2 Herald LLC acquired a 45% tenant-in-common (TIC) interest in real property located at 2 Herald Square in Manhattan,…
2Cases cited17 opinions
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- Gregory v. HelveringSupreme Court of the United States · 1935
- Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
- Matter of Stork Restaurant, Inc. v. BolandNew York Court of Appeals · 1940
- Leonard Greene and Joyce Greene v. United StatesCourt of Appeals for the Second Circuit · 1994
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3Cited by1 opinion
- Matter of Sunoco, Inc. (R & M) Combined Affiliates v. Tax Appeals Trib. of the State of N.Y.Appellate Division of the Supreme Court of the State of New York · 2026