The New York State Court of Appeals has narrowed the
permissible class of taxpayers authorized to grieve the real estate taxes on
any property in New York. Merely paying
the taxes is not enough. The taxpayer,
other than the owner, must have the contractual obligation to pay the taxes as
well as directly paying the taxes.
Merely being a triple net tenant is not enough. Tenants must insist on appropriate terms in
their lease if they want the right to protest the taxes.