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7 VESTRY v. DEPT. OF FIN.

22 A.D.3d 174 (2005)

800 N.Y.S.2d 398

7 VESTRY LLC et al., Respondents, v. DEPARTMENT OF FINANCE OF CITY OF NEW YORK et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

August 25, 2005.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Regina Feder and Vincent D'Orazio of counsel), for appellants.

Kucker & Bruh, LLP, New York City (Nativ Winiarsky and Catherine A. Helwig of counsel), for respondents.

ANDRIAS, J.P., WILLIAMS, GONZALEZ and CATTERSON, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

This is an action by condominium unit owners and the condominium sponsor to set aside New York City real property tax liens that arose when taxes, previously deferred pursuant to the Industrial and Commercial Incentive Program (ICIP) were restored upon the City's discovery that the subject property was no longer being utilized for commercial purposes, a statutory requirement...

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