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HUDSON TR. LINES v. BRAGALINI

11 Misc.2d 1094 (1958)

Hudson Transit Lines, Inc., Plaintiff, v. George M. Bragalini et al., Defendants.

Supreme Court, Special Term, New York County.

January 8, 1958.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (John R. Davison and Edwin R. Oberwager of counsel), for defendants.

Samuel Weiss for plaintiff.

OWEN McGIVERN, J.

In this action for a declaratory judgment, instituted by the plaintiff taxpayer, the defendants, constituting the State Tax Commission of the State of New York, move before answer to dismiss the complaint, (1) for want of jurdisdiction of the subject matter, and (2) for failure to state a cause of action. It is the prime contention of the defendants that the State of New York is the real party...

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