Desautels v. Desautels

Jan 15, 2009
Versions:58 A.D.3d 963
872 N.Y.S.2d 687

Malone Jr., J. Appeal from a judgment of the Supreme Court (O’Connor, J.), entered November 5, 2007 in Albany County, which dismissed petitioner’s applications, in three proceedings pursuant to RPTL article 7, to reduce the 2004, 2005 and 2006 tax assessments on certain real property leased by petitioner.

Petitioner is the lessee under a 20-year triple net lease of real property located at 1868 Central Avenue in the Town of Colonie, Albany County, which is improved by an 11,180-square-foot single-tenant retail pharmacy. The pharmacy was constructed in 1998 and 1999 under a build-to-suit arrangement with petitioner. Under the terms of the lease, petitioner is responsible for, among other things, the payment of real property taxes. In 2004, 2005 and 2006, the property was assigned an assessed value of $2,500,000 by respondent Assessor of the Town of