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FOSS v. CITY OF ROCHESTER

65 N.Y.2d 247 (1985)

David A. Foss, Appellant, v. City of Rochester et al., Respondents.

Court of Appeals of the State of New York.

Decided June 6, 1985.

Attorney(s) appearing for the Case

Edward H. Fox and Douglas A. Foss for appellant.

Louis N. Kash, Corporation Counsel (Susan L. Hauser of counsel), for respondents.

Robert Abrams, Attorney-General (Robert Hermann, Peter H. Schiff and John Q. Driscoll of counsel), in his statutory capacity under Executive Law § 71.

Joseph P. McCale for Park-Brunswick Neighborhood Association, amicus curiae.

Judges MEYER, KAYE and TITONE concur with Judge SIMONS; Chief Judge WACHTLER dissents in part and votes to affirm in a separate opinion in which Judges JASEN and ALEXANDER concur.

SIMONS, J.

Plaintiff, owner of a four-family dwelling in the City of Rochester, commenced this action against the city, its assessor, the County of Monroe and the Rochester Pure Waters District, seeking a declaratory judgment invalidating section 305 and article 19 of the Real Property Tax Law and an injunction preventing defendants from assessing, levying and collecting...

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