1455 Realty Co. v. Berman
1455 Realty Co. v. Berman
Opinion of the Court
The two parcels involved in this proceeding, located on opposite sides of the same street in Brooklyn, were bought together for $820,000 by separate partnerships which were composed of the same persons. To each of the two parcels a portion of the total purchase price was allocated by appellants following in close ratio the respective assessments, rent rolls, prior sales, total mortgages and number of apartments. The allocation of the purchase price to each property, therefore, did not warrant the Rejection by the Administrator of the apportioned purchase price and the substitution of the assessed
The appeal before us is from the order of the Appellate Division, dated May 11, 1967, and on that appeal a prior non-final order of the Appellate Division which affects the final result is brought up for review pursuant to CPLR, 5601 (subd. [d]).
The order of the Appellate Division, dated May 11, 1967, •should be reversed and the initial judgments of Special Term entered November 29, 1963 should be reinstated.
Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel concur.
Order reversed, with costs, and the November 29, 1963 judgments of Special Term reinstated in a memorandum.
Reference
- Full Case Name
- In the Matter of 1455 Realty Co. v. Frederic S. Berman (Hortense W. Gabel), as City Rent and Rehabilitation Administrator, and Tenants' Committee, Intervenor-Respondent
- Status
- Published