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STATE v. PEERLESS INS. CO.

108 A.D.2d 385 (1985)

State of New York, Appellant, v. Peerless Insurance Company, Respondent

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

May 21, 1985

Attorney(s) appearing for the Case

August L. Fietkau of counsel (Richard G. Liskov with him on the brief; Robert Abrams, Attorney-General, attorney), for appellant.

Robert Nizewitz of counsel (Gottesman, Wolgel, Smith & Secunda, P. C., attorneys), for respondent.

SANDLER, J. P., ASCH, FEIN and KASSAL, JJ., concur.

ROSS, J.

The State of New York (State) is appealing from a denial of its motion for summary judgment in the instant action, which concerns the State's right to recover under credit and performance bonds, issued by the defendant Peerless Insurance Company.

New York taxes the retail sale of cigarettes, and each package of cigarettes is required to bear a tax stamp (see, Tax Law § 473). The Cigarette Tax Bureau (Bureau), formerly known...

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