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MATTER DEYCO REALTY CORP. v. TAX COMMISSION CITY NEW YORK (01/13/69)

January 13, 1969

IN THE MATTER OF DEYCO REALTY CORP., APPELLANT,
v.
TAX COMMISSION OF THE CITY OF NEW YORK, RESPONDENT



In this proceeding to review the assessed valuation of petitioner's real property, petitioner appeals from an order of the Supreme Court, Kings County, entered December 4, 1967, which dismissed the petition.

Beldock, P. J., Rabin, Benjamin, Munder and Martuscello, JJ., concur.

The findings of fact below were not considered on this appeal. It is not clear from the record whether the learned court below based his determination upon the value of the property on the tax status date or added subsequent improvements to that value. Accordingly, we find it necessary to remand the proceeding for further proof and clarification (Matter of Woolworth Co. v. Tax Comm. of City of N. Y., 20 N.Y.2d 561).

Disposition

Order reversed, on the law, and new trial granted, with costs to appellant to abide the event.

19690113

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