WT Wang, Inc. v. NEW YORK STATE DEP'T OF TAXATION & FIN.

New York Court of Appeals

WT Wang, Inc. v. NEW YORK STATE DEP'T OF TAXATION & FIN.

448 N.E.2d 1348, 58 N.Y.2d 1021, 462 N.Y.S.2d 437, 1983 N.Y. LEXIS 2961

CourtNew York Court of Appeals

DecidedMarch 23, 1983

StatusPublished

Cited by6 cases

This text of 448 N.E.2d 1348 (WT Wang, Inc. v. NEW YORK STATE DEP'T OF TAXATION & FIN.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

WT Wang, Inc. v. NEW YORK STATE DEP'T OF TAXATION & FIN., 448 N.E.2d 1348, 58 N.Y.2d 1021, 462 N.Y.S.2d 437, 1983 N.Y. LEXIS 2961 (N.Y. 1983).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Although recited to have been “on the law” a reading of the memorandum of the Appellate Division discloses that it declined to entertain this action for declaratory judgment as “an inappropriate vehicle” (88 AD2d 825, 826). We conclude that there was no error of law in the Appellate Division’s substitution of its exercise of discretion for that of Special Term under CPLR 3001 (contrast Dun & Bradstreet v City of New York, 276 NY 198, 206-207).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur.

Order affirmed, with costs, in a memorandum.

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