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PEOPLE v. SPRINT NEXTEL CORP.

103917/2011.

41 Misc.3d 511 (2013)

970 N.Y.S.2d 164

2013 NY Slip Op 23230

THE PEOPLE OF THE STATE OF NEW YORK, by ERIC T. SCHNEIDERMAN, Attorney General for the State of New York, et al., Plaintiffs, v. SPRINT NEXTEL CORP. et al., Defendants.

Supreme Court, New York County.

Decided June 27, 2013.

Attorney(s) appearing for the Case

Pillsbury Winthrop Shaw Pittman LLP (Leo E. Milonas and David G. Keyko of counsel), and Williams & Connolly LLP (Dane H. Butswinkas, David S. Blatt and Kenneth J. Brown of counsel) for defendants.

Eric T. Schneiderman, Attorney General (Randall M. Fox, Lisa M. White, Emily Bradford and Gregory Krakower of counsel), for plaintiffs.

OPINION OF THE COURT

O. PETER SHERWOOD, J.

Defendants Sprint Nextel Corp. and its wholly-owned subsidiaries, Sprint Spectrum L.P., Nextel of New York, Inc., and Nextel Partners of Upstate New York, Inc. (collectively, Sprint), move, pursuant to CPLR 3211(a)(5) and (7), to dismiss the complaint in this tax enforcement action.

Background

This case arises out of a qui tam action pursuant to the New York False Claims Act, State Finance Law...

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