1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 117 A.D.3d
  5. 117 A.D.3d 168 (2014)
 

CAPRIO v. NYS TAXATION & FIN.

651176/11, 11231.

117 A.D.3d 168 (2014)

987 N.Y.S.2d 4

2014 NY Slip Op 2399

PHILIP CAPRIO et al., Appellants, v. NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 8, 2014.

Attorney(s) appearing for the Case

Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York City ( John G. Nicolich and Roger Cukras of counsel), and Pitta & Giblin LLP, New York City ( Vincent F. Pitta of counsel), for appellants.

Eric T. Schneiderman , Attorney General, New York City ( Cecelia C. Chang and Richard Dearing of counsel), for respondents.

ACOSTA, J.P., MOSKOWITZ and MANZANET-DANIELS, JJ., concur with RICHTER, J.; ANDRIAS, J., dissents in a separate opinion.

OPINION OF THE COURT

RICHTER, J.

In this appeal, we are asked to decide whether an amendment to the Tax Law enacted on August 11, 2010 can be applied retroactively to a transaction entered into by plaintiffs on February 1, 2007, more than 3 ½ years earlier. Applying the balancing test set forth by the Court of Appeals, we conclude that the retroactive application of the amendment as to plaintiffs is impermissible. Plaintiffs reasonably relied on the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases