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WALDBAUM v. FIN. ADM'R.

141 A.D.2d 10 (1988)

In the Matter of Waldbaum, Inc., Respondent, v. Finance Administrator of the City of New York et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 19, 1988

Attorney(s) appearing for the Case

Peter L. Zimroth, Corporation Counsel (Edith I. Spivack, Joseph I. Lauer and Lisa Kaplan of counsel), for appellants.

Peter H. Brandt and Hubert J. Brandt (Richard A. Steinberg and Willa I. Lewis of counsel), for respondent.

RUBIN and SPATT, JJ., concur with BRACKEN, J. P.; HARWOOD, J., concurs in part and dissents in part and votes to reverse the order insofar as appealed from, on the law, deny those branches of the petitioner's motion which were for partial summary judgment determining that it has standing as an aggrieved party under Real Property Tax Law § 704 and Administrative Code of the City of New York § 11-231 (a) in the consolidated tax certiorari proceedings, and to grant the cross motion, with an opinion in which KUNZEMAN, J., concurs.

BRACKEN, J. P.

The petitioner, Waldbaum, Inc. (hereinafter Waldbaum), has brought several proceedings pursuant to Administrative Code of the City of New York § 11-231 in order to challenge, for various years between 1971 and 1982, the real estate tax assessments of certain real property leased by Waldbaum from a third party. The sole question on appeal is whether Waldbaum is aggrieved by those tax assessments...

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