Broadway-111th Street Associates, LLC v. Commissioner of New York State Division of Taxation & Finance

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 real property transfer gains tax under Tax Law former article 31-B.

The gains tax on the sale of condominiums and cooperatives (see Tax Law former art 31-B) was repealed in 1996 (see L 1996, ch 309, § 171). The repealing legislation deemed all conversion plans final as of June 15, 1996, regardless of whether all units had been sold (see L 1996, ch 309, § 180 [b] [i]), and further provided that all claims for…