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IN RE 995 FIFTH AVE. ASSOCIATES, L.P.

No. 90 Civ. 5744 (LBS).

127 B.R. 533 (1991)

In re 995 FIFTH AVENUE ASSOCIATES, L.P., Debtor. 995 FIFTH AVENUE ASSOCIATES, L.P., Plaintiffs-Appellees, v. NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, James W. Wetzler as Commissioner of Taxation and Finance, and Edward V. Regan as Comptroller of the State of New York, Defendants-Appellants.

United States District Court, S.D. New York.

As Amended May 17, 1991.

Attorney(s) appearing for the Case

Angel & Frankel, P.C., New York City (Joshua J. Angel, Leonard H. Gerson, Ira R. Abel, of counsel), for plaintiffs-appellees.

Robert Abrams, Atty. Gen. of the State of N.Y., New York City (Frederic L. Lieberman, David S. Cook, of counsel), for defendants-appellants.

OPINION

SAND, District Judge.

This case comes to this Court on appeal from an order of the United States Bankruptcy Court for the Southern District of New York, Hon. Tina L. Brozman. The New York State Department of Taxation and Finance, James W. Wetzler, New York Commissioner of Taxation and Finance and Edward V. Regan, Comptroller of the State of New York (collectively "Appellants") appeal from a decision and order granting the motion for summary judgment...

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