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Appellate Division, Second Department · November 4, 2026 · 2026 NY Slip Op 06436

Matter of Benjamin Beechwood Ocean Way, LLC v Niblack

Read the official decision: 2026 NY Slip Op 06436

Holding The court affirmed the lower court’s judgment, holding that the Department of Finance committed an error of law by failing to classify a vacant lot zoned residential in Queens as tax class one. 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 06436, at the official text

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

2026 NY Slip Op 06436, at the official text
CourtAppellate Division, Second Department
DecidedNovember 4, 2026
Citation2026 NY Slip Op 06436
Area of lawTax
WeekWeek ending November 7, 2026
Official textOfficial decision: 2026 NY Slip Op 06436
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1731
Related recordsMatter of Benjamin Beechwood Ocean Way, LLC v Niblack, 2026 NY Slip Op 06435

Recommended citation

ESQ HQ, New York Law Watch, Matter of Benjamin Beechwood Ocean Way, LLC v Niblack, 2026 NY Slip Op 06436 (Appellate Division, Second Department, November 4, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06436/

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.