P.G.C. Associates, L. L. P. v. Assessors of Riverhead
Cases that cite this one
9 later published cases cite this decision.
- Miriam Osborn Memorial Home Ass'n v. Assessor of City of Rye (Appellate Division of the Supreme Court of New York 2010)
- Century Realty, Inc. v. Commissioner of Finance (Appellate Division of the Supreme Court of New York 2005)
- Nextel of New York, Inc. v. Assessor of Spring Valley (New York Supreme Court 2004)
- Matter of Nextel of N.Y. v. Assessor for Vil. of Spring Val. (New York Supreme Court, Rockland County 2004)
- Sun Plaza Enterprises, Corp. v. Tax Commission (Appellate Division of the Supreme Court of New York 2003)
- Ulster Business Complex, LLC v. Town of Ulster (Appellate Division of the Supreme Court of New York 2002)
- NYCO Minerals, Inc. v. Town of Lewis (Appellate Division of the Supreme Court of New York 2002)
- Evans v. Board of Assessment Review of Town of Catskill (Appellate Division of the Supreme Court of New York 2001)
- Jay Dee Tomfor Transportation v. Board of Assessors (Appellate Division of the Supreme Court of New York 2001)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In consolidated tax certiorari proceedings pursuant to Real Property Tax Law article 7 to review real property tax assessments for the tax years commencing 1993-1994, 1994-1995, 1995-1996, 1996-1997, and 1997-1998, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Werner, J.), dated September 3, 1998, which, after a nonjury trial, denied the petitions and dismissed the proceedings.
Ordered that the judgment is reversed, on the law, with costs, the petitions are reinstated, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings.
The tax law relating to the review of assessments is remedial in character and should be liberally construed so that the taxpayer’s right to have its assessment reviewed should not be defeated by a technicality (see, Matter of Waldbaum, Inc. v Finance Adm’r of City of N. Y., 74 NY2d 128). The ultimate purpose of valuation, whether in eminent domain or tax certiorari proceedings, is to arrive at a fair and realistic value of the property involved (see, Matter of General Elec. Co., v Town of Salina, 69 NY2d 730).
The determination of market value is essentially a factual matter. Whether to value an integrated multibuilding industrial property as a single entity or as an aggregate of several subdivided entities is essentially a factual determination of the most economically and physically feasible use of the property. When the best use of the property is as a single entity, consideration must be given to the total operation (see, Matter of Waldbaum, Inc. v Finance Adm’r of City of N. Y., 74 NY2d 128, supra; see also, Roosevelt Nassau Operating Corp. v Board of Assessors, 68 Misc 2d 183, affd 41 AD2d 647).
The Supreme Court improperly found that, since the petitioner failed to produce any evidence of the value of each individual tax lot, it failed to overcome the presumption of validity that attaches to tax assessments. Both the petitioner’s and the respondents’ appraisers agreed, as evidenced by their valuations of the property as a single entity, that it could not be valued otherwise. Moreover, both appraisers determined that the property was overvalued to some extent.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.