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