MATTER OF JAM ENTERPRISE, LLC v. TAX COMMISSION OF THE CITY OF NEW YORK

261237/11.

36 Misc.3d 762 (2012)

950 N.Y.S.2d 653

2012 NY Slip Op 22155

In the Matter of JAM ENTERPRISE, LLC, Petitioner, v. THE TAX COMMISSION OF THE CITY OF NEW YORK et al., Respondents. In the Matter of JAM ENTERPRISE, LLC, Petitioner, v. THE TAX COMMISSION OF THE CITY OF NEW YORK et al., Respondents.

Supreme Court, New York County.

Decided June 12, 2012.


Attorney(s) appearing for the Case

Tuchman, Korngold, Weiss, Lippman & Gelles LLP, New York City ( Yuhtyng Tsuei of counsel), for petitioner.

Michael A. Cardozo , Corporation Counsel, New York City, for respondents.


OPINION OF THE COURT

CYNTHIA S. KERN, J.

The primary issue in this case is whether the City of New York should be able to take advantage of its undisputed misclassification of a property to cause the property to have a permanently higher assessed value which cannot be challenged. As will be explained more fully below, the court finds that the City should not be allowed to take advantage of its erroneous classification to permanently increase the assessed...

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