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UNDERBRUCKNER REALTY CORP. v. TAX COMMISSION OF THE CITY OF NEW YORK

Nos. 7352, 7353, 102192/07.

94 A.D.3d 527 (2012)

942 N.Y.S.2d 481

2012 NY Slip Op 2767

UNDERBRUCKNER REALTY CORP. et al., Respondents, v. TAX COMMISSION OF THE CITY OF NEW YORK et al., Appellants.

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

Decided April 12, 2012.

Petitioners rebutted the presumption of validity as to the existing tax assessments by presenting "substantial evidence" demonstrating "the existence of a valid and credible dispute regarding valuation" (see Matter of FMC Corp. [Peroxygen Chems. Div.] v Unmack, 92 N.Y.2d 179, 187-188 [1998]). The trial court's determination that petitioners' property has been overvalued is supported by a preponderance of the evidence (see id....

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