Legal Opinion
Davidoff v. State Tax Commission
Appellate Division of the Supreme Court of the State of New York
Decided October 20, 1994PublishedCited by 5 opinions
1Opinion of the CourtWhite, J.
Appeal from an order of the Supreme Court (Conway, J.), entered December 16, 1993 in Albany County, which granted defendants’ motion to dismiss the first amended complaint as untimely.
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…
2Cases cited6 opinions
- Solnick v. WhalenNew York Court of Appeals · 1980
- New York City Health & Hospitals Corp. v. McBarnetteNew York Court of Appeals · 1994
- Town of Arietta v. State Board of Equalization & AssessmentNew York Court of Appeals · 1982
- Inserillo v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1990
- Ellis Hospital v. McBarnetteAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by5 opinions
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- Whitmer v. New York State Department of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 2014
- Whitmer v. New York State Department of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 2014