Legal Opinion · Concurring in part, dissenting in part

Waldbaum, Inc. v. Finance Administrator

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

Decided September 19, 1988Published

1Concurring in part, dissenting in partHarwood, J.

We must determine on this appeal whether a lessee’s obligation to pay "additional rent” in an amount related to but not determined by real property tax assessments confers standing on the lessee to challenge the validity of the assessments. I *21conclude that it does not and therefore vote to reverse the order insofar as appealed from and dismiss the proceedings.

By agreement dated July 6, 1961, the petitioner, through a wholly owned subsidiary, became a 20-year lessee of certain store space constituting approximately 49% of the landlord’s premises. By the lease, the petitioner was obligated to…

2Cases cited9 opinions

  1. People ex rel. Bingham Operating Corp. v. EyrichAppellate Division of the Supreme Court of the State of New York · 1943
  2. Ames Department Stores v. Assessor of Town of ConcordAppellate Division of the Supreme Court of the State of New York · 1984
  3. Matter of BurkeNew York Court of Appeals · 1875
  4. Big "V" Supermarkets, Inc. v. Assessor of Town of East GreenbushAppellate Division of the Supreme Court of the State of New York · 1985
  5. Matter of WalterNew York Court of Appeals · 1878

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