Legal Opinion · Dissent

Rite Aid Corp. v. Haywood

Appellate Division of the Supreme Court of the State of New York

Decided July 10, 2015Published

1DissentScudder, P.J.

I respectfully dissent. In my view, the valuation determination made by Supreme Court should be upheld, and I would therefore affirm the order and judgment. While it is well established that “a property valuation by the tax assessor is presumptively valid” (Matter of FMC Corp. [Peroxygen Chems. Div.] v Unmack, 92 NY2d 179, 187 [1998]), I agree with the majority that petitioner came forward with substantial evidence to rebut the presumption by submitting “a detailed, competent appraisal based on standard, accepted appraisal techniques and prepared by a qualified appraiser” (Matter of Niagara…

2Cases cited15 opinions

  1. People Ex Rel. MacCracken v. MillerNew York Court of Appeals · 1943
  2. FMC Corp. v. UnmackNew York Court of Appeals · 1998
  3. Niagara Mohawk Power Corp. v. Assessor of Town of GeddesNew York Court of Appeals · 1998
  4. Rite Aid v. Assessor of the Town of ColonieAppellate Division of the Supreme Court of the State of New York · 2009
  5. Eckerd Corp. v. SemonAppellate Division of the Supreme Court of the State of New York · 2006

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