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MATTER OF ECKERD CORPORATION v. GILCHRIST

8 A.D.3d 876 (2004)

778 N.Y.S.2d 323

In the Matter of ECKERD CORPORATION, Respondent, v. MARK GILCHRIST, as Assessor of the City of Watervliet, et al., Appellants.

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

June 17, 2004.

Lahtinen, J.

Petitioner, in this RPTL article 7 proceeding, challenges respondents' $2,800,000 assessment in 2002 of real property where it is a tenant in the City of Watervliet, Albany County. Under the terms of the lease, petitioner pays the real property taxes. Respondents moved for summary judgment dismissing the petition prior to filing an appraisal (see 22 NYCRR 202.59 [g]) relying on the fact that the property had been sold by petitioner's prior landlord...

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