IN THE MATTER OF GREENBURGER v. TAX COMMN. OF THE CITY OF NEW YORK


57 A.D.3d 218 (2008)

868 N.Y.S.2d 60

In the Matter of FRANCIS GREENBURGER, Respondent, v. TAX COMMISSION OF THE CITY OF NEW YORK, et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

December 2, 2008.


While there is no question that petitioner's pecuniary interest was affected by the tax assessment against the subject property, petitioner, a fractional lessee, failed to establish that it has standing to maintain these tax certiorari proceedings by demonstrating either that the lease "expressly confers the right to assert the lessor's undivided property interest in a challenge of the assessment" or that it "is required to pay directly the taxes levied against the lessor...

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