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HEIMBACH v. STATE OF NY

113 Misc.2d 189 (1982)

Louis Heimbach, Individually and as County Executive of Orange County, on Behalf of All Persons in Orange County Liable for the Payment of Sale and Use Taxes, et al., Plaintiffs, v. State of New York et al., Defendants.

Supreme Court, Orange County.

March 17, 1982

Attorney(s) appearing for the Case

James G. Sweeney, County Attorney, for plaintiffs. Robert Abrams, Attorney-General, for defendants.

IRVING A. GREEN, J.

In a class action brought pursuant to CPLR article 9 for a declaratory judgment (CPLR 3001), the plaintiffs now move for summary judgment in their favor upon the third cause of action set forth in their verified complaint, to wit, that chapter 485 of the Laws of 1981 of the State of New York was not a lawfully enacted law and, consequently, is without effect upon the plaintiffs. The first two causes of action set forth in such complaint...

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