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MATTER OF DCH AUTO v. TOWN OF MAMARONECK

2017-03016. Index No. 23040/09.

178 A.D.3d 823 (2019)

111 N.Y.S.3d 553

2019 NY Slip Op 08846

In the Matter of DCH Auto et al., Appellants, v. Town of Mamaroneck et al., Respondents.

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

Decided December 11, 2019.

Attorney(s) appearing for the Case

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

William Maker, Jr., Mamaroneck, NY, for respondents Town of Mamaroneck, Assessor of the Town of Mamaroneck, and Board of Assessment Review of the Town of Mamaroneck, and McCullough Goldberger & Staudt, LLP, White Plains, NY (Kevin E. Staudt of counsel), for respondents Village of Mamaroneck, Assessor of the Village of Mamaroneck, and Board of Assessment Review of the Village of Mamaroneck (one brief filed).

Dillon, J.P., Balkin, Connolly and Iannacci, JJ., concur.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

This matter was presented to the Supreme Court on stipulated facts and documentary evidence. In a net lease dated October 10, 2007, the owner of 700 Waverly Avenue in Mamaroneck (hereinafter the subject property) leased it to the petitioner, DCH Auto, later known as DCH Investments, Inc. (New York) (hereinafter together the petitioner), for a period of 20 years. The net lease provided, inter...

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