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ASSN OF IND INSURERS v. STATE

207 A.D.2d 191 (1994)

National Association of Independent Insurers et al., Respondents, v. State of New York et al., Appellants

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

December 27, 1994

Attorney(s) appearing for the Case

G. Oliver Koppell, Attorney-General, New York City (Frederic L. Lieberman, Rosalie Hronsky and August L. Fietkau of counsel), for appellants.

Stroock & Stroock & Lavan, New York City (Alvin K. Hellerstein, Martin Minkowitz, Edward P. Grosz, Mark Cheffo and Amanda Shechter of counsel; Howard Horowitz on the brief), for respondents.

BRACKEN, J. P., and PIZZUTO, J., concur with O'BRIEN, J.; RITTER, J., concurs in part and dissents in part in a separate opinion.

O'BRIEN, J.

This appeal concerns a challenge to the constitutionality of Tax Law § 341 (hereinafter the statute), which changes the manner in which motor vehicle damage insurance awards are paid. The Supreme Court granted a preliminary injunction staying implementation of the statute based on a determination, inter alia, that its provisions would result in the double taxation of insurance claimants...

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