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UNITED SERVS. AUTO v. CURIALE

88 N.Y.2d 306 (1996)

668 N.E.2d 384

645 N.Y.S.2d 413

United Services Automobile Association, Respondent, v. Salvatore Curiale, as Superintendent of the State of New York Insurance Department, Appellant.

Court of Appeals of the State of New York.

Decided April 30, 1996.

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, New York City (Thomas Donald Hughes, Barbara Gott Billet and Kevin C. Reilly of counsel), for appellant.

Stroock & Stroock & Lavan, New York City (Alan Z. Yudkowsky, Elizabeth A. Mullins and Adam S. Grace of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.

CIPARICK, J.

The case on appeal presents an equal protection challenge to one component of New York's system of retaliatory taxation against foreign insurance companies. We conclude that the statutory provision at issue, Tax Law § 1505-a (d) (8), insofar as it denies a credit to foreign insurers for the payment of the Metropolitan Commuter Transportation District...

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