FIERO v. NEW YORK STATE TAX COM.


28 Misc.2d 36 (1961)

Philip Fiero, Individually and as Administrator of The Estate of Vincie Fiero, Also Known as Vincenza Fiero, Deceased, Plaintiff, v. New York State Tax Commission, Defendant.

Supreme Court, Special Term, New York County.

June 26, 1961


Attorney(s) appearing for the Case

Tenzer & Golden for plaintiff.

Louis J. Lefkowitz, Attorney-General, for defendant.


HENRY EPSTEIN, J.

Defendant moves for summary judgment dismissing the complaint and the plaintiff cross-moves for summary judgment. The action was brought for a declaratory judgment that certain additional tax assessments were invalid and void and for incidental relief. The contention that the commission was without sufficient information to justify its opinion that the returns were incorrect is itself wholly incorrect and unrealistic. The taxpayer's...

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