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MATTER OF MALIK v. TAX COMMISSION OF THE CITY OF NEW YORK

2008-11384

68 A.D.3d 870 (2009)

2009 NY Slip Op 9230

889 N.Y.S.2d 476

In the Matter of S. LAL MALIK, Doing Business as MALIKA PALACE INDIAN RESTAURANT AND BAR, Respondent, v. TAX COMMISSION OF THE CITY OF NEW YORK et al., Appellants.

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

Decided December 8, 2009.

Ordered that the order is affirmed, with costs.

The petitioner, a nonfractional lessee of certain property in Queens, is an aggrieved person within the meaning of RPTL 704 (1). Since the lease at bar clearly required the petitioner pay all of the real estate taxes levied against the subject property, any tax assessment of the property directly affects the petitioner's pecuniary interest, and the total assessments were subject to challenge (see Matter of Waldbaum...

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