DAVIDOFF v. STATE TAX COMM'N OF THE STATE OF NEW YORK


208 A.D.2d 1095 (1994)

617 N.Y.S.2d 915

Sid Davidoff et al., Appellants, v. State Tax Commission of the State of New York et al., Respondents

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

October 20, 1994


White, J.

The facts gleaned from plaintiffs' first amended complaint are that on July 22, 1977, defendant State Tax Commission (hereinafter the Commission) filed a warrant against plaintiff Sid Davidoff in the amount of $36,031.17 for income taxes purportedly due. In 1990, plaintiffs filed a joint New York State income tax return claiming an $8,773 refund. Thereafter, defendant Department of Taxation and Finance attached the refund and applied it to the...

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