New York Supreme Court, 1972

Lower East Side Action Project, Inc. v. Town of Liberty

Lower East Side Action Project, Inc. v. Town of Liberty
New York Supreme Court · Decided August 24, 1972 · Casey
87 Misc. 2d 860; 387 N.Y.S.2d 342; 1972 N.Y. Misc. LEXIS 2337

Counsel

Levine & Levine for plaintiff. Abraham Kleinman for Sullivan County, defendant. Alfred H. Beck for Assessor, Town of Liberty, and another, defendants. Gross, Gross & Gross for Central School District No. 1 of Towns of Liberty, Bethel, Fallsburg, Never sink, Rockland and Thompson, defendant.

Lower East Side Action Project, Inc. v. Town of Liberty

Opinion of the Court

John T. Casey, J.

In view of the again amended paragraphs (a) and (b) of subdivision 1 of section 421 of the Real Property Tax Law by the 1972 Legislature, which provide that retroactive to January 1, 1972 nonprofit corporations whose purpose is the moral and mental improvement of men, women and children are tax exempt regardless of local law, my prior decision (70 Misc 2d 562) must be amended and the plaintiffs motion for summary judgment in its declaratory judgment action granted to the extent of declaring that as of January 1, 1972 the plaintiff corporation is exempt from taxation as provided in section 421 (subd 1, pars [a], [b]) of the Real Property Tax Law.

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