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Matter of Brooklyn Union Gas Co. v. City of New York

Court of Appeals of the State of New York
Jun 10, 1982
438 N.E.2d 1113 (N.Y. 1982)

Opinion

Argued May 12, 1982

Decided June 10, 1982

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ALLEN MURRAY MYERS, J.

F. Peter O'Hara and Terry D. Weissman for appellant.

Frederick A.O. Schwarz, Jr., Corporation Counsel ( Morris Einhorn and Leonard Koerner of counsel), for respondents.


Order affirmed, with costs, on the reasoning of Justice LEONARD H. SANDLER'S opinion in Teleprompter Corp. v City of New York ( 82 A.D.2d 145), to which we add only that the conclusion there reached is strengthened in the present case by the express requirement in section 61 of the agreement between the city and petitioner's predecessor, New York and Richmond Gas Company, that on merger or consolidation of the predecessor, the successor corporation (petitioner) agree to "a method of limiting deductions under" the section of the Real Property Tax Law here in issue.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.


Summaries of

Matter of Brooklyn Union Gas Co. v. City of New York

Court of Appeals of the State of New York
Jun 10, 1982
438 N.E.2d 1113 (N.Y. 1982)
Case details for

Matter of Brooklyn Union Gas Co. v. City of New York

Case Details

Full title:In the Matter of BROOKLYN UNION GAS COMPANY, Appellant, v. CITY OF NEW…

Court:Court of Appeals of the State of New York

Date published: Jun 10, 1982

Citations

438 N.E.2d 1113 (N.Y. 1982)
438 N.E.2d 1113
453 N.Y.S.2d 398

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