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DCH v. TOWN OF MAMARONECK

No. 55.

38 N.Y.3d 278 (2022)

192 N.E.3d 1141

172 N.Y.S.3d 662

2022 NY Slip Op 03929

In the Matter of DCH AUTO, as Tenant Obligated to Pay Taxes, et al., Appellants, v. TOWN OF MAMARONECK, a Municipal Corporation, et al., Respondents.

Court of Appeals of New York.

Decided June 16, 2022.

Attorney(s) appearing for the Case

Griffin, Coogan, Sulzer & Horgan, P.C., Bronxville ( Matthew S. Clifford , William E. Sulzer and Kevin M. Brady, Jr. of counsel), for appellants.

William Maker, Jr. , Mamaroneck, for Town of Mamaroneck and others, respondents.

McCullough, Goldberger & Staudt, LLP, White Plains ( Kevin E. Staudt of counsel), for Village of Mamaroneck and others, respondents.

Koeppel Martone & Leistman, L.L.C., Mineola ( Donald F. Leistman , Michael P. Guerriero and Jason M. Penighetti of counsel), for CVS Albany LLC and others, amici curiae.

Forchelli Deegan Terrana LLP, Uniondale ( Peter Basil Skelos , John V. Terrana , Nathan R. Jones and Douglas W. Atkins of counsel), for International Council of Shopping Centers, Inc., amicus curiae.

Cronin & Cronin Law Firm, PLLC, Mineola ( Sean M. Cronin of counsel), for Stop & Shop Supermarket Company, LLC, and others, amici curiae.

Herman Katz Cangemi Wilkes & Clyne, LLP, Melville ( Kevin M. Clyne of counsel), for Wakefern Food Corp., amicus curiae.

New York State School Boards Association, Inc., Latham ( Jay Worona and Jeffrey Mongelli of counsel), for New York State School Boards Association, Inc., amicus curiae.

Association of Towns of the State of New York, Albany ( Sarah Brancatella of counsel), and New York State Conference of Mayors and Municipal Officials, Albany ( Rebecca Ruscito of counsel), for Association of Towns of the State of New York and another, amici curiae.

OPINION OF THE COURT

DCH Auto leased a parcel of real property located in Mamaroneck, New York. DCH's lease with the property's owner is a "net lease," which means that DCH must pay, in addition to rent, all the real estate taxes associated with the property. Starting in 2009, DCH believed that certain tax assessments for the...

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