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WILLIAMSBURG CANDY v. STATE

106 Misc.2d 728 (1981)

Williamsburg Candy & Tobacco, Inc., Claimant, v. State of New York, Defendant. (Motion No. M-24424.)

Court of Claims.

January 9, 1981

Attorney(s) appearing for the Case

Dominick F. Callo and Michael J. Kaper for claimant. Robert Abrams, Attorney-General (Diane L. Dubiac of counsel), for defendant.

GERARD M. WEISBERG, J.

The question presented is whether the State Tax Commission's (Commission) unauthorized seizure of allegedly contraband cigarettes gives rise to a cause of action for the appropriation of personal property. (Court of Claims Act, § 9, subd 2.)

On September 15, 1976 agents of the Commission seized 5,869 cartons of cigarettes belonging to claimant (Williamsburg), valued at ...

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