Justice Melvin Schweitzer
Consolidated Edison moved for summary judgment dismissal in this breach of contract suit involving the rights of ConEd and East River Realty under an agreement for the sale of four bundled properties, including the former Waterside power generating plant. As part of the sale ConEd was obligated to make all necessary filings to protest or reduce real property taxes for the properties, including Waterside, which it did. East River alleged ConEd breached the agreement by failing to make the necessary filings to reduce or protest the real property taxes. It argued ConEd used the improper calculating methodology, and that it did not make the filings in good faith as it failed to include in its petition that Waterside was to be shutdown and demolished imminently. The court noted the relevant consideration in assessment cases was the property’s value on the taxable status date, not its future use or value. It noted Waterside was fully operational on the taxable status date. Hence, there was nothing irrational or arbitrary when ConEd filed its protest application concerning the use and condition of Waterside on the taxable status date. The court dismissed the breach of contract suit.
