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HOLMES ELEC. PROTECTIVE CO. v. CITY OF NEW YORK

200 Misc. 708 (1951)

Holmes Electric Protective Company, Plaintiff, v. City of New York et al., Defendants.

Supreme Court, Special Term, New York County.

March 1, 1951.

Attorney(s) appearing for the Case

Frank A. Fritz, Arthur P. West, Arthur C. Patterson and Joseph B. Diamond for plaintiff.

John P. McGrath, Corporation Counsel (Stanley Buchsbaum and Morris L. Heath of counsel), for defendants.

RABIN, J.

Heretofore and prior to the commencement of this action plaintiff instituted an article 78 proceeding to review the action of the comptroller of the City of New York in imposing on plaintiff a utility tax for the year 1935. Plaintiff was successful in that proceeding, the Appellate Division holding that plaintiff was not engaged in the sale of electric, telephone or telegraphic service within the meaning...

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