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CANALE v. DEPT. OF TAXATION

84 Misc.2d 786 (1975)

Nicholas Canale, as Receiver of Potsdam Arlington Inn, Inc., Plaintiff, v. New York State Department of Taxation and Finance et al., Defendants. (Claim No. 57861.)

Court of Claims.

December 29, 1975

Attorney(s) appearing for the Case

Edward G. Zerrillo for plaintiff. Louis J. Lefkowitz, Attorney-General (Arthur Patane of counsel), for defendants.

MILTON ALPERT, J.

Plaintiff on August 23, 1972 was appointed a receiver of the Potsdam Arlington Inn, Inc., located in the Town of Potsdam in St. Lawrence County. The appointment was made by the St. Lawrence County Judge during the pendency of a mortgage foreclosure action instituted by the holder of the first mortgage covering the inn. Plaintiff posted his bond and entered upon his duties.

In March of 1973 plaintiff, as receiver, surrendered...

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