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NAT'L ASS'N OF INDEP. INSURERS v. STATE

89 N.Y.2d 950 (1997)

678 N.E.2d 465

655 N.Y.S.2d 853

National Association of Independent Insurers et al., Appellants, v. State of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided February 6, 1997.

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan, New York City (Alvin K. Hellerstein, Martin Minkowitz, Edward P. Grosz and Donald Gabay of counsel), for appellants.

Dennis C. Vacco, Attorney-General, New York City (August L. Fietkau, Robert A. Forte, Rosalie J. Hronsky, Peter H. Schiff and Barbara G. Billet of counsel), for respondents.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur; Judge TITONE taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In an effort to ensure payment of sales tax revenue to the State, the Legislature in 1991 changed the manner in which motor vehicle damage insurance awards are to be paid by enacting article 15 of the Tax Law. Pursuant to article 15, insurance carriers are required to send the sales tax component of an insurance award directly to the State...

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