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Appellate Division, Second Department · November 4, 2026 · 2026 NY Slip Op 06435

Matter of Benjamin Beechwood Ocean Way, LLC v Niblack

Read the official decision: 2026 NY Slip Op 06435

Holding The court affirmed the lower court’s decision to annul the Department of Finance’s determinations, holding that the failure to classify vacant residentially zoned land in Queens as tax class one was an error of law. The court determined that such property must be classified as tax class one regardless of any commercial overlay.

The court’s words

vacant land that is zoned residential and located within New York City but outside of the borough of Manhattan is properly classified as tax class one, regardless of a commercial overlay

2026 NY Slip Op 06435, at the official text

the appellants should have classified the parcels as tax class one, building class V0, regardless of any commercial overlay, and their failure to do so was an error of law

2026 NY Slip Op 06435, at the official text
CourtAppellate Division, Second Department
DecidedNovember 4, 2026
Citation2026 NY Slip Op 06435
Area of lawTax
WeekWeek ending November 7, 2026
Official textOfficial decision: 2026 NY Slip Op 06435
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1730
Related recordsMatter of Benjamin Beechwood Ocean Way, LLC v Niblack, 2026 NY Slip Op 06436

Recommended citation

ESQ HQ, New York Law Watch, Matter of Benjamin Beechwood Ocean Way, LLC v Niblack, 2026 NY Slip Op 06435 (Appellate Division, Second Department, November 4, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06435/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published November 4, 2026. Updated November 4, 2026.