- 17 - estimate operating expenses, as opposed to the $6,920,501 estimate respondent's expert used, we use petitioner's expert's figure. With respect to the appropriate capitalization rate to be used in determining the 1989 value of the Partnership Properties, based on New York City's economic condition as of December 31, 1989, and the evidence indicating that lease rates for commercial office space would not likely increase for a number of years, we believe that application of an 8.5-percent capitalization rate more accurately reflects the December 31, 1989, New York City real estate investment environment. At trial, respondent's expert acknowledged that with regard to comparable sales (used in his report for corroboration of his calculation of fair market value), adjustments for date of sale, size, condition, and use of the buildings would be appropriate. Respondent's expert, however, does not make any such adjustments in his calculations. Respondent's expert considers three properties sold approximately 3 years prior to December of 1989, two properties sold approximately 1 year prior to December of 1989, and one property sold 5 months after December 1989. These properties were located in different neighborhoods throughout New York City. Each was substantially smaller than the Partnership Properties and sold for significantly less than respondent's expert'sPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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