BROWN v. NEW YORK STATE TAX COMM.


199 Misc. 349 (1950)

Oscar J. Brown, Plaintiff, v. New York State Tax Commission, Defendant.

Supreme Court, Special Term, Onondaga County.

July 5, 1950.


Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (John C. Crary, Jr., of counsel), for defendant.

Brown, Mangin, O'Connor & Greene for plaintiff.


KINGSLEY, J.

This action is brought by plaintiff for both declaratory and injunctive relief against the defendant with respect to an assessment of additional personal income tax against the plaintiff for the year 1946. The defendant has moved to dismiss the complaint on the ground that such an action is not maintainable for the reasons that no cause of action for equitable relief by way of an injunction is made...

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