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HUDSON VAL SAND v. STATE

57 A.D.2d 344 (1977)

Hudson Valley Sand and Stone Company, Inc., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim Nos. 57581, 58378.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 26, 1977

Attorney(s) appearing for the Case

Keniry & Keniry (Patrick J. Keniry of counsel), for respondent-appellant.

Louis J. Lefkowitz, Attorney-General (Joseph F. Gibbons and Ruth Kessler Toch of counsel), for appellant-respondent.

LARKIN and HERLIHY, JJ., concur with GREENBLOTT, J. P.; SWEENEY and MAIN, JJ., concur in part and dissent in part in an opinion by MAIN, J.

GREENBLOTT, J. P.

Claimant, the owner of a building in the City of Mechanicville, New York, leased said premises to one Conerty for a five-year period ending September 30, 1971. On April 26, 1971, the State Tax Commission issued a tax warrant in the amount of $30,639.42 against Conerty, individually and as president of Conerty Pontiac-Buick, Inc., the business operated on the premises. To enforce the warrant...

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