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AGREEMENT TO FOREGO APPLYING FOR A REAL PROPERTY TAX EXEMPTION IN RETURN FOR THE TRANSFER OF TWO BUILDINGS FOR ONE DOLLAR WAS ENFORCEABLE.

The Third Department determined defendant non-profit breached material terms of its contract with the city. The city transferred two buildings to the non-profit in return for promises to bring the buildings into compliance and not to seek a property tax exemption for 20 years. The buildings were not brought into compliance, and defendant sought and received property tax exemptions. Because the tax exemptions were granted, the Third Department found there was a question of fact whether the city waived that term of the contract:

… [P]laintiff demonstrated that the compliance provision was an integral and material part of the contract and that defendant’s breach substantially defeated the contract’s purpose … . Plaintiff’s proof also established that, under the circumstances presented here, rescission of the contract is the only adequate remedy … . * * *

… “[T]he Constitution and the State Legislature, in the furtherance of the general welfare, have established a clear policy that [educational] institutions are to be free, if they so choose, from local taxes” … . Contrary to defendant’s contention, we find that nothing in NY Constitution, article XVI, § 1 or RPTL 420-a prohibits an educational organization, such as defendant, from freely choosing to refrain from applying for a real property tax exemption. Rather, the prohibition set forth is to restrain municipalities from denying a real property tax exemption to a statutorily exempt organization once an application has been submitted or attempting to extort the organization’s waiver of the exemption … . Accordingly, we find that the tax exemption provision is enforceable. * * *

… [A]lthough we agree that rescission is the appropriate remedy for defendant’s established breaches of the contract, rescission would be premature at this point because issues of fact exist as to defendant’s affirmative defense of waiver. City of Schenectady v Edison Exploratorium, Inc., 2017 NY Slip Op 01427, 3rd Dept 2-23-17

 

CONTRACT LAW (MUNICIPAL LAW, AGREEMENT TO FOREGO APPLYING FOR A REAL PROPERTY TAX EXEMPTION IN RETURN FOR THE TRANSFER OF TWO BUILDINGS FOR ONE DOLLAR WAS ENFORCEABLE)/REAL PROPERTY TAX LAW (MUNICIPAL LAW, AGREEMENT TO FOREGO APPLYING FOR A REAL PROPERTY TAX EXEMPTION IN RETURN FOR THE TRANSFER OF TWO BUILDINGS FOR ONE DOLLAR WAS ENFORCEABLE)/MUNICIPAL LAW (CONTRACT LAW, AGREEMENT TO FOREGO APPLYING FOR A REAL PROPERTY TAX EXEMPTION IN RETURN FOR THE TRANSFER OF TWO BUILDINGS FOR ONE DOLLAR WAS ENFORCEABLE)

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