HORNER v. STATE OF NEW YORK


107 A.D.2d 64 (1985)

Jay Horner, Respondent, v. State of New York et al., Appellants

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

February 21, 1985


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Wayne L. Benjamin and William J. Kogan of counsel), for appellants.

Herzog, Nichols, Engstrom & Koplovitz, P. C. (James M. Reilly and Marjorie A. Brown of counsel), for respondent.

MAHONEY, P. J., MAIN, YESAWICH, JR., and LEVINE, JJ., concur.


CASEY, J.

Plaintiff's complaint in this declaratory judgment action alleges: that he is the owner of 48 shares of the 200 authorized and issued shares of corporate stock of PJG Gasoline, Inc.; that he was not an officer of that corporation from 1978 to 1983, the period covered by the tax assessment herein; that he has never been an employee of the corporation; that his only other connection with the corporation during the years in question was several...

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