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TRUMP v. CHU

65 N.Y.2d 20 (1985)

Donald J. Trump et al., Appellants, v. Roderick Chu, Individually and as Commissioner of the Department of Taxation and Finance, Respondent.

Court of Appeals of the State of New York.

Decided April 30, 1985.

Attorney(s) appearing for the Case

Milton S. Gould, Roy M. Cohn, Stuart A. Smith, Alice P. Henkin and Louis Biancone for appellants.

Robert Abrams, Attorney-General (Robert Hermann, Peter H. Schiff, Richard G. Liskov and August L. Fietkau of counsel), for respondent.

John T. DeGraff, Jr., and Michael T. Wallender for New York State Association of Realtors, Inc., amicus curiae.

John G. McGarrahan and Roy A. Klein for Citizens Tax Council, Inc., amicus curiae.

Judges JASEN, MEYER and ALEXANDER concur with Judge SIMONS; Judge KANE dissents and votes to reverse in a separate opinion; Chief Judge WACHTLER and Judge KAYE taking no part.

SIMONS, J.

Plaintiffs Donald J. Trump and Richard Pellicane seek a judgment declaring that Tax Law article 31-B which imposes a 10% tax on gains derived from real property transfers (see, Tax Law §§ 1440 — 1449-c), violates the equal protection clause of both the United States Constitution (US Const 14th amend) and the New York State Constitution...

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