Opinion
January 23, 1987
Appeal from the Supreme Court, Erie County, Ricotta, J.
Present — Denman, J.P., Boomer, Balio, Lawton and Davis, JJ.
Order unanimously reversed, on the law, without costs, and respondents' motion denied. Memorandum. Petitioner asserts that it was error for Trial Term to grant respondents' motion to dismiss its action under Real Property Tax Law article 7 on the grounds that petitioner does not have legal capacity to bring the action and that the petition was not properly verified. We agree. Because petitioner is responsible under its lease for taxes on the leased premises, it is an "aggrieved person" under Real Property Tax Law article 7 (Matter of Ames Dept. Stores v Assessor of Town of Concord, 102 A.D.2d 9). Secondly, respondents waived any objection based on improper verification by failing to give notice of their objection with due diligence (Matter of Extrom v. Town of Skaneateles, 112 A.D.2d 35; Matter of Ames Dept. Stores v. Assessor of Town of Concord, supra, p 13).