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405 CO. v. STATE OF NY

118 Misc.2d 305 (1983)

405 Company et al., Claimants, v. State of New York, Defendant. (Claim No. 66960.) 124 E. 44th Street Corporation, Claimant, v. State of New York, Defendant. (Claim No. 67135.) Alabama Oil Co., Inc., Claimant, v. State of New York, Defendant. (Claim No. 67340.)

Court of Claims.

March 14, 1983

Attorney(s) appearing for the Case

McLaughlin & Stern, Ballen & Ballen (Stephen S. Bernstein of counsel), for 405 Company, claimant. Botein, Hays, Sklar & Herzberg (W. Bernard Richland of counsel), for 124 E. 44th Street Corporation, claimant. Frederick Siegmund for Alabama Oil Co., Inc., claimant. Robert Abrams, Attorney-General (Donald P. Berens, Jr., of counsel), for defendant.

HAROLD E. KOREMAN, J.

These claims are brought to recover moneys paid to the State in satisfaction of taxes levied pursuant to former article 31-A of the State Tax Law, which was enacted by chapter 487 of the Laws of 1981. This statute was enacted to provide funds for the Metropolitan Transit Authority by assessing a tax upon capital gains resulting from the sale of commercial or industrial property in the City of New

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