PETERS v. STATE TAX COMM'N


23 Misc.2d 208 (1960)

Charles R. Peters, Plaintiff, v. State Tax Commission, Defendant.

Supreme Court, Special Term, New York County.

April 4, 1960.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Lawrence Wayne of counsel), for defendant.

George Dyson Friou for plaintiff.


ARON STEUER, J.

This motion to dismiss the complaint presents a single narrow question. The action is for a declaratory judgment declaring that plaintiff's occupation is not subject to the unincorporated business tax. Plaintiff has gone through all the administrative procedures prescribed by statute and contested the question. The taxing authorities overruled his contentions and assessed the tax. This action...

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