DUFFY v. WETZLER


148 Misc.2d 459 (1990)

Eugene H. Duffy et al., on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. James W. Wetzler et al., Individually and as Present or Former New York State Commissioner of Taxation and Finance, et al., Defendants.

Supreme Court, Queens County.

April 10, 1990


Attorney(s) appearing for the Case

Phelan & Costello, P. C. (John J. Phelan, III, and Michael F. Fitzgerald of counsel), for plaintiffs. Robert Abrams, Attorney-General (Frederick L. Lieberman and August L. Fietkau of counsel), for defendants.


ALAN LeVINE, J.

In this action for declaratory, injunctive and monetary relief plaintiffs seek leave to renew and, upon renewal, certification of this action as a class action, and an order granting partial summary judgment on the second cause of action for declaratory judgment. Defendants Shorris, Grayson, Biderman, Crotty and the City of New York cross-move for an order granting summary judgment dismissing...

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