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IN THE MATTER OF LCO BLDG. LCC v. MICHAUX

CA 08-00173.

2008 NY Slip Op 06039

IN THE MATTER OF LCO BUILDING LCC, FORMERLY KNOWN AS 189 VAN RENSSELAER, PETITIONER-RESPONDENT, v. BRUNA MICHAUX, ASSESSOR, AND BOARD OF ASSESSMENT REVIEW OF CITY OF BUFFALO, RESPONDENTS-APPELLANTS.

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

Decided July 3, 2008.

Attorney(s) appearing for the Case

ALISA A. LUKASIEWICZ, CORPORATION COUNSEL, BUFFALO (GREGORY A. HEEB OF COUNSEL), FOR RESPONDENTS-APPELLANTS.

WOLFGANG & WEINMANN, BUFFALO (PETER ALLEN WEINMANN OF COUNSEL), FOR PETITIONER-RESPONDENT.

PRESENT: HURLBUTT, J.P., MARTOCHE, LUNN, GREEN, AND GORSKI, JJ.

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs and the motion is denied.

Memorandum: Petitioner commenced these proceedings seeking review of its real property tax assessments pursuant to RPTL article 7. Supreme Court erred in granting petitioner's motion for summary judgment. With respect to petitioner's assessment for the 2006-2007 tax year, petitioner contended that the assessment was "wholly without foundation...

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