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CC&F BUFFALO DEV. v. TULLY

103 Misc.2d 1060 (1980)

Cc & F Buffalo Development Co., Inc., Plaintiff, v. James H. Tully, Jr., et al., Constituting the State Tax Commission, et al., Defendants.

Supreme Court, Erie County.

April 25, 1980.

Attorney(s) appearing for the Case

Moot, Sprague, Marcy, Landy, Fernbach & Smythe (Paul M. Edgette of counsel), for plaintiff. Robert Abrams, Attorney-General (Arnold E. Galbo of counsel), for James H. Tully, Jr., and others, defendants. Thaddeus J. Szymanski, County Attorney (Justyn E. Miller of counsel), for Genevieve M. Starosciak, as clerk of the County of Erie, defendant.

M. DOLORES DENMAN, J.

Plaintiff moved for summary judgment claiming that it is entitled to interest on a mortgage tax paid under protest and subsequently refunded. Defendant Starosciak, Clerk of the County of Erie, has cross-claimed against defendants Tully, Koerner and Lynch (Commission) for indemnification and the Commission has cross-moved for dismissal of the complaint for failure to state a cause of action...

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