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WALDBAUM, INC. v. FIN. ADM'R

74 N.Y.2d 128 (1989)

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

Court of Appeals of the State of New York.

Decided July 11, 1989.

Attorney(s) appearing for the Case

Peter L. Zimroth, Corporation Counsel (Edith I. Spivack and Russell D. Scott of counsel), for appellants.

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

Laureen C. Harris for Ames Department Store, amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

BELLACOSA, J.

We reverse the order of the Appellate Division which gave petitioner Waldbaum, Inc. — a substantial but still partial lessee — standing to bring its own tax certiorari proceeding with respect to its leased premises. Petitioner does not enjoy this right because the lease does not obligate Waldbaum to pay the real property taxes on the leased premises. It pays only rent which may be...

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