County Dollar Corp. v. City of Yonkers
Decision Date | 17 October 1983 |
Citation | 97 A.D.2d 469,467 N.Y.S.2d 666 |
Parties | In the Matter of COUNTY DOLLAR CORP., Respondent, v. The CITY OF YONKERS, et al., Appellants. |
Court | New York Supreme Court — Appellate Division |
Koeppel Sommer & Martone, P.C., Mineola (Adolph Koeppel, Mineola, of counsel), for appellants.
Bleakley Schmidt, P.C., White Plains (Frederick J. Martin and Hugh D. Fyfe, White Plains, of counsel), for respondent.
Before DAMIANI, J.P., and TITONE, LAZER and GIBBONS, JJ.
MEMORANDUM BY THE COURT.
In consolidated proceedings pursuant to article 7 of the Real Property Tax Law to review assessments for purposes of taxation on certain real property for the assessment years 1962 through 1976, inclusive, the appeal is from so much of a judgment of the Supreme Court, Westchester County, dated June 10, 1981, as reduced the assessments for the assessment years 1963 through 1976.
Judgment affirmed insofar as appealed from, without costs or disbursements.
In our opinion there was ample evidence supporting and justifying the reductions in assessments ordered by the trial court. Further, we are of the opinion that its factual and legal analysis of the evidence in this highly complex case was correct and we would affirm on its opinion (see People ex rel. MacCracken v. Miller, 291 N.Y. 55, 50 N.E.2d 542), except that the trial court's citation and utilization of the case of Caroldee Realty Corp. v. Board of Assessors of County of Nassau, 73 Misc.2d 41, 340 N.Y.S.2d 774, requires some comment and a summary review of the evidence pertaining to petitioner's reliance upon its actual rental income, as stabilized, in its income capitalization process.
The subject of these consolidated proceedings is the Cross County Shopping Center, a regional shopping center located in the City of Yonkers. During the period under review the property was improved with some 21 buildings, with two major department stores (Gimbels and Wanamakers) and numerous satelite stores and offices.
Although both real estate appraisal experts used the income capitalization approach, the city's expert, Roland R. Greco, also utilized a cost approach based upon information supplied by an engineer and upon Greco's own estimated land value. Greco's use of the cost approach was included to augment his income approach valuations. In his report, he stated:
.
Petitioner's real estate expert, Theodore J. Powers reported his opinion of the fair market value of the land and improvements for the years under review as follows:
YEARS LAND IMPROVEMENT TOTAL ----- --------- ----------- ----------- 1962 3,805,000 13,320,000 17,125,000 1963 4,170,000 13,475,000 17,645,000 1964 4,540,000 12,855,000 17,395,000 1965 4,905,000 12,230,000 17,135,000 1966 5,270,000 11,665,000 16,935,000 1967 5,635,000 10,590,000 16,225,000 1968 6,000,000 9,610,000 15,610,000 1969 6,370,000 8,735,000 15,105,000 1970 6,735,000 8,140,000 14,875,000 1971 6,970,000 9,640,000 16,610,000 1972 7,340,000 9,775,000 17,115,000 1973 7,705,000 9,855,000 17,560,000 1974 8,075,000 10,025,000 18,100,000 1975 8,440,000 11,660,000 20,100,000 1976 8,805,000 12,510,000 21,315,000
Greco testified that the fair market value was, as follows:
YEARS LAND IMPROVEMENT TOTAL ----- ---------- ----------- ----------- 1962 7,740,000 15,110,000 22,850,000 1963 8,100,000 15,836,000 23,935,000 1964 8,505,000 16,530,000 25,035,000 1965 8,930,000 17,003,000 25,933,000 1966 9,375,000 17,619,000 26,994,000 1967 9,835,000 17,261,500 27,096,500 1968 10,335,000 17,345,000 27,680,000 1969 10,840,000 15,360,000 26,200,000 1970 11,380,000 15,700,000 27,080,000 1971 11,815,000 17,765,000 29,580,000 1972 12,405,000 19,290,000 31,695,000 1973 13,000,000 19,975,000 32,975,000 1974 13,825,000 19,215,000 33,040,000 1975 14,330,000 19,370,000 33,700,000 1976 15,055,000 19,910,000 34,965,000
In prior litigation concerning this shopping center the Court of Appeals, in the case of Matter of Atlas Realty Inv. v. Lennox, 34 N.Y.2d 780, 358 N.Y.S.2d 773, 315 N.E.2d 813, affg. 38 A.D.2d 739, 329 N.Y.S.2d 378 on mem at App.Div., determined that the sale of the property in question on January 28, 1960 for the approximate sum of $22,500,000 was an arms-length transaction and evidence of " 'the highest rank to determine the true value of the property as that time' " (38 A.D.2d 739, 740, 329 N.Y.S.2d 378, quoting Matter of Woolworth Co. v. Tax Comm. of City of N.Y., 20 N.Y.2d 561, 565, 285 N.Y.S.2d 604, 232 N.E.2d 638). Accordingly, at bar, Special Term considered the $22,500,000 price of the property at its sale in 1960 as evidence of the highest rank for the assessment years 1962, 1963 and 1964 and accorded it "some weight" against the values found by the court's income approach for the 1965 assessment year. The court fixed the 1965 value at $21,000,000. Utilizing the income approach for the remaining years, Special Term concluded that the values were:
1966 20,000,000 1967 18,000,000 1968 17,500,000 1969 16,800,000 1970 16,700,000 1971 18,715,000 1972 17,800,000 1973 20,200,000 1974 20,030,000 1975 20,150,000 1976 21,315,000
Applying petitioner's ratios, Special Term sustained the assessment for the assessment year 1962 but granted reduction for the other years. The original assessment under review, the parties' indicated assessments, and Special Term's findings of assessment and reductions were:
Petitioner's Appellant's Court's Indicated Indicated Court's Assessment Assessed Finding of Assessed Assessed Reduction in Years Value Assessment Value Value Assessment ---------- ---------- ---------- ------------ ------------ ------------ 1962 12,403,350 12,825,000 9,761,250 13,024,500 1963 12,436,450 12,150,000 9,528,300 12,924,900 286,450 1964 12,553,950 11,925,000 9,219,350 13,268,550 628,950 1965 12,553,950 10,710,000 8,738,850 13,225,830 1,843,950 1966 12,553,950 10,200,000 8,636,850 13,766,940 2,353,950 1967 12,553,950 9,180,000 8,274,750 13,819,215 3,373,950 1968 12,553,950 8,925,000 7,961,100 14,116,800 3,628,950 1969 12,553,950 8,400,000 7,552,500 13,100,000 4,153,950 1970 12,553,950 7,515,000 6,693,750 12,186,000 5,038,950 1971 12,553,450 7,673,150 6,810,100 12,127,800 4,880,800 1972 12,513,250 7,120,000 6,846,600 12,678,000 5,393,250 1973 12,650,400 7,878,000 6,848,400 12,860,250 4,772,400 1974 12,650,400 7,144,701 6,456,270 11,785,368 5,505,699 1975 12,650,400 6,893,315 6,876,210 11,528,770 5,757,085 1976 12,651,600 6,893,271 6,893,270 11,307,681 5,758,327
On this appeal the appellant City of Yonkers claims that reversal is required because the actual income, as allegedly stabilized by petitioner's expert and as utilized by him and by Special Term, was not reflective of the rental market, that it was, in fact, submarket, and that a capitalization process using the actual income (and expense) could not and did not result in ascertainment of the true value of the shopping center. It is contended that Special Term totally disregarded the teaching of Matter of Merrick Holding Corp. v. Board of Assessors of County of Nassau, 45 N.Y.2d 538, 410 N.Y.S.2d 565, 382 N.E.2d 1341. We conclude, however, that Special Term's reduction in the assessments should be upheld.
Special Term's decision correctly noted:
Special Term further stated:
As we have noted, Special Term's utilization of the Caroldee Realty Corp. case (supra ) raises some questions relative to the weight to be given actual rents in the income capitalization approach. People ex rel. Gale v. Tax Comm. of City of N.Y., 17 A.D.2d 225, 233 N.Y.S.2d 501, is probably the most famous case dealing with the subject and it contains the following language (p. 230, 233 N.Y.S.2d 501):
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