Farone & Son, Inc. v. Srogi
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously affirmed, without costs. Memorandum: In this tax certiorari proceeding involving the fair market value of a funeral home, the trial court correctly found that petitioner failed to present proper evidence of overvaluation. Petitioner’s first appraisal was properly rejected because it assumed a highest and best use other than the existing use. “Property is assessed for tax purposes according to its condition on the taxable status date, without regard to future potentialities or possibilities and may not be assessed on the basis of some use contemplated in the future”…
2Cases cited3 opinions
- Great Atlantic & Pacific Tea Co. v. KiernanNew York Court of Appeals · 1977
- Addis Co. v. SrogiAppellate Division of the Supreme Court of the State of New York · 1980
- Barnum v. SrogiNew York Court of Appeals · 1981
3Cited by8 opinions
- Miriam Osborn Memorial Home Ass'n v. Assessor of City of RyeAppellate Division of the Supreme Court of the State of New York · 2010
- Wendy's Restaurants, LLC v. AssessorAppellate Division of the Supreme Court of the State of New York · 2010
- Hempstead Country Club v. Board of AssessorsAppellate Division of the Supreme Court of the State of New York · 2013
- Avis Rent A Car System, Inc. v. Town of RyeAppellate Division of the Supreme Court of the State of New York · 1987
- Saratoga Harness Racing, Inc. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1997
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