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MATTER OF 9 ORCHARD PARTNERS, LLC v. NEW YORK CITY DEPT. OF FIN.

Index No. 153784/19. Appeal No. 15591. Case No. 2020-03709, 2021-02771.

204 A.D.3d 527 (2022)

167 N.Y.S.3d 465

2022 NY Slip Op 02614

In the Matter of 9 Orchard Partners, LLC, Appellant, v. New York City Department of Finance, Respondent.

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

Decided April 21, 2022.

Attorney(s) appearing for the Case

Schwartz Sladkus Reich Greenberg Atlas LLP, New York ( Michael E. Fleiss , of counsel) for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Paul J. DeSena of counsel), for respondent.

Concur—Kern, J.P., Moulton, Rodriguez, Pitt, Higgitt, JJ.

In 2014, petitioner, the developer of the real property at 9 Orchard Street, applied for post-construction real estate tax abatements under New York City's Industrial and Commercial Abatement Program (ICAP), which provides for a 10-year abatement of post-construction real estate taxes to owners of industrial or commercial properties who improve those properties or construct new buildings. The calculation of the abatement is based in part upon the assessed value of the property...

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