Waldbaum's 1, Inc. v. Board of Assessors

OPINION OF THE COURT

Robert C. Meade, J.

In this proceeding instituted by the petitioner to review assessments on certain real property pursuant to article 7 of the Real Property Tax Law, petitioner seeks partial summary judgment that certain machinery and equipment are not assessable real property by virtue of the provisions of section 102 (subd 12, par [f]) of the Real Property Tax Law. Respondents cross-move for a converse declaration pursuant to section 102 (subd 12, pars [b], [f]) of the Real Property Tax Law.

The real property was the subject of a ground lease, dated October 24, 1963,…