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BANK OF NEW YORK v. TULLY

84 A.D.2d 704 (1981)

Bank of New York, as Trustee of 266 Trusts and Estates, Appellant, v. James H. Tully, Jr., et al., Respondents. (Action No. 1.) United States Trust Company of New York et al., Appellants-Respondents, v. New York Department of Taxation and Finance, Respondent-Appellant. (Action No. 2.) T. Roland Berner et al., as Trustees of Herman Gardner, Deceased, Appellants, v. New York State Department of Taxation and Finance, Respondent. (Action No. 3.) (And Six Other Actions.)

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

November 10, 1981

Although there are minor variations in procedural history, designations of defendants, and prayers for relief, these are essentially actions by varied trustees seeking recovery of certain 1972 capital gains taxes paid through the retroactive application of subdivision (4) of section 618 of the Tax Law (L 1973, ch 718), the retroactive aspect of which was declared unconstitutional by the Court of Appeals in Clarendon Trust v State...

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