STS Management Development Inc. v. New York State Department of Taxation & Finance

In an action, inter alia, for a judgment declaring stated portions of the Tax Law to be void, and to recover damages under 42 USC § 1983 and § 1985 for the violation of their constitutional rights, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Kitson, J.), dated January 31, 1996, as granted that branch of the defendants’ cross motion which was to dismiss their fourth cause of action.

Ordered that the order is reversed insofar as appealed from, with costs, that branch of the defendants’ motion which was to dismiss the fourth…