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FIRST NAT. CITY BANK v. CITY OF N. Y.

36 N.Y.2d 87 (1975)

In the Matter of First National City Bank, Respondent, v. City of New York Finance Administration, Appellant.

Court of Appeals of the State of New York.

Decided February 17, 1975.

Attorney(s) appearing for the Case

Adrian P. Burke, Corporation Counsel (Samuel J. Warms, Raymond Herzog and Robert J. Metzler, II of counsel), for appellant.

Edward J. Boyle and W. Foster Wollen for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Chief Judge BREITEL.

In an article 78 proceeding (CPLR) brought by a national bank to recover invalidly levied municipal taxes for the years 1963-1966, the City of New York by its Finance Administration appeals. The Finance Administration denied petitioner's claim solely on the ground that its refund application in 1968 had not been timely filed under the tax statute. The courts below allowed judgment in favor...

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