Henry Distributing Corp. v. Srogi

— Judgment unanimously affirmed, with costs to petitioner. Memorandum: In this tax certiorari proceeding the trial court reduced assessments by almost half. In using the income approach to value, the court relied on the subject’s actual rent, and, contrary to respondent’s assertion, we find no error in its doing so. Although actual income may be disregarded if it does not reflect full value (Matter of Merrick Holding Corp. v Board of Assessors of County of Nassau, 45 NY2d 538, 543), the court’s use of the actual rent was supported by the comparable rentals supplied by petitioner’s expert. The…