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ROCHESTER v. CHIARELLA

98 A.D.2d 8 (1983)

City of Rochester, Respondent, v. Angelo Chiarella et al., Individually and on Behalf of All Payers of Real Property Taxes to the City of Rochester for the Fiscal Years 1974-1975 Through 1977-1978, Respondents

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

December 16, 1983

Attorney(s) appearing for the Case

David J. Angelone for appellants.

Louis N. Kash, Corporation Counsel, for City of Rochester, respondent.

Harter, Secrest & Emery (Kenneth Payment of counsel), for Angelo Chiarella and others, respondents.

Johnson, Mullan, Brundage & Keighter (Byron Johnson of counsel), for Subclass B, respondent.

Levy, Feldman & Licata for Subclass C, respondent.

Harris, Beach, Wilcox, Rubin & Levey (Edward Fox of counsel), for Subclass D, respondent.

HANCOCK, JR., J. P., CALLAHAN, DENMAN and MOULE, JJ., concur.

DOERR, J.

In this class action involving the payment of unconstitutionally levied real property taxes in the City of Rochester, the Court of Appeals has determined that no legal right exists for the recovery of such taxes paid without formal protest (City of Rochester v Chiarella, 58 N.Y.2d 316).1 In an effort to carry out a long-standing policy...

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