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ROCHESTER v. CHIARELLA

100 A.D.2d 46 (1984)

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 1974-75 Through 1977-78, Respondents, and Stephen J. Sercu et al., Appellants

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

March 6, 1984

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 A. Payment of counsel), for subclass A-2, respondents.

Johnson, Mullan, Brundage & Keigher, P. C. (Byron Johnson of counsel), for subclass B, respondents.

Levy, Feldman & Licata for subclass C, respondents.

Harris, Beach, Wilcox, Rubin & Levey (Karl S. Essler and Edward H. Fox of counsel), for Angelo Chiarella and others, subclass D, respondents.

HANCOCK, JR., J. P., O'DONNELL, MOULE and SCHNEPP, JJ., concur.

DOERR, J.

In this class action, subclass A-1, representing taxpayers who paid real property taxes for the years 1974-1978 under protest and who want full refunds, has moved for summary judgment.* Special Term denied the motion without prejudice to renewal at a later time, finding that the motion was premature and would upset the orderly progression of the lawsuit (

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