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MATTER OF 45 GREAT JONES APT. CORP. v. TAX COMMN. OF THE CITY OF N.Y.

10975.152939/18.

180 A.D.3d 442 (2020)

115 N.Y.S.3d 662

2020 NY Slip Op 00920

In the Matter of The 45 Great Jones Apartment Corp., Appellant, v. Tax Commission of the City of New York et al., Respondents.

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

Decided February 6, 2020.

Respondent Tax Commission's withdrawal of the Notice of Offer and Acceptance, following an audit that revealed that the reduction of the tax assessment value was based on a faulty estimate of the property's potential rental income, was rational. The language of the offer and the governing rules permitted the withdrawal of an offer for any reason prior to the Tax Commission's approval of the offer (see 21 RCNY 4-12[k][1]). The Tax Commission also rationally concluded...

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