Legal Opinion

Assay Partners v. City of New York

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

Decided August 10, 1989PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Asch, J.

Petitioner Assay Partners purchased the Assay Building, in downtown Manhattan, from the United States Government for $27,100,000 on November 1, 1983. Assay subsequently paid the municipal real property transfer tax for the transaction, too respondent New York City Department of Finance, under protest.

Administrative Code of the City of New York § 11-2101 et seq. (formerly Administrative Code § II46-1.0 et seq.) imposes a tax on all transfers of real property in New York City over *65$25,000 (in the present case) at a rate of 2% of the total sales price. This statute…

2Cases cited12 opinions

  1. United States v. City of DetroitSupreme Court of the United States · 1958
  2. Tully v. Griffin, Inc.Supreme Court of the United States · 1976
  3. Phillips Chemical Co. v. Dumas Independent School DistrictSupreme Court of the United States · 1960
  4. United States v. County of FresnoSupreme Court of the United States · 1977
  5. Washington v. United StatesSupreme Court of the United States · 1983

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3Cited by2 opinions

  1. Health Tea Corp. v. New York City Loft BoardAppellate Division of the Supreme Court of the State of New York · 1990
  2. Sherry v. CorcoranAppellate Division of the Supreme Court of the State of New York · 1991

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