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10 LAFAYETTE v. BUFFALO

108 Misc.2d 960 (1981)

10 Lafayette Square Holdings, Plaintiff, v. City of Buffalo, Defendant.

Supreme Court, Erie County.

May 19, 1981

Attorney(s) appearing for the Case

Kavinoky, Cook, Sandler, Gardner, Wisbaum & Lipman (Peter D. Cook and Randolph C. Oppenheimer of counsel), for plaintiff. Joseph P. McNamara, Corporation Counsel (Stanley A. Moskal, Jr., of counsel), for defendant.

SAMUEL L. GREEN, J.

Plaintiff has moved for summary judgment in an action to recover $175,301.71, the amount of taxes it paid in the tax years 1974-1975 through 1977-1978 which allegedly exceeded the defendant's constitutional taxing powers pursuant to Hurd v City of Buffalo (41 A.D.2d 402, affd 34 N.Y.2d 628). Although similar claims are being litigated in a class action,...

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