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TEDDY'S DRIVE-IN, INC. v. STATE

63 A.D.2d 1070 (1978)

Teddy's Drive-in, Inc., Respondent, v. State of New York, Appellant. (Claim No. 59354.)

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

June 15, 1978

Alexander E. Cohen, a tax compliance agent employed by the New York State Commission, seized what he believed to be the property of Eloise Restaurant Associates, pursuant to certain warrants issued by the State Tax Commission. Acting in the capacity of a Sheriff (Tax Law, §§ 380, 1141, subd [a]), Cohen offered the property for public sale on March 25, 1975. Prior to the opening of the auction, the president of claimant informed Cohen and others that the property...

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