Legal Opinion

Onondaga Savings Bank v. Srogi

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

Decided September 23, 1983Published

1Opinion of the Court

— Order and judgment unanimously affirmed, with costs. Memorandum: The record supports the determination of the trial court in its reduction of the assessment (see Matter of Pepsi-Cola Co. v Tax Comm., 19 AD2d 56, 61). Whether the actual rent charged by the bank to itself for its own occupancy is a reliable index of full value and economic rent was a question of fact for the trial court to resolve (see Matter of Henry Distr. Corp. v Srogi, 91 AD2d 818; see, also, Matter of Merrick Holding Corp. v Board of Assessors, 45 NY2d 538). The capitalization rates adopted by the trial court are…

2Cases cited6 opinions

  1. Merrick Holding Corp. v. Board of AssessorsNew York Court of Appeals · 1978
  2. Pepsi-Cola Co. v. Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1963
  3. Schoeneck v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1983
  4. Henry Distributing Corp. v. SrogiAppellate Division of the Supreme Court of the State of New York · 1982
  5. Commercial Structures, Inc. v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1983

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