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TEDDY'S DRIVE IN v. COHEN

47 N.Y.2d 79 (1979)

Teddy's Drive In, Inc., Respondent, v. Alexander E. Cohen, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided May 3, 1979.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Robert S. Hammer and Samuel A. Hirshowitz of counsel), for appellant.

Wilbur G. Silverman for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and FUCHSBERG concur with Judge WACHTLER.

WACHTLER, J.

To recover taxes, interest and penalties owed, the New York State Tax Commission issued warrants on February 7, 1975 authorizing the seizure of property owned by Eloise Restaurant Associates. Defendant, Alexander Cohen, a tax compliance agent, executed these warrants on certain personal property believed to be owned by Eloise Restaurant. A notice of sale was posted on the restaurant premises on March...

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