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AMAZON.COM LLC v. NYS TAXATION

23 Misc.3d 418 (2009)

___ N.Y.S.2d ___

AMAZON.COM LLC et al., Plaintiffs, v. NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE et al., Defendants.

Supreme Court, New York County.

Decided January 12, 2009.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, New York City (Elizabeth Forman of counsel), for defendants.

Gibson, Dunn & Crutchor LLP, New York City (Randy Mastro of counsel), for plaintiffs.

OPINION OF THE COURT

EILEEN BRANSTEN, J.

Pursuant to CPLR 3211 (a) (2) and (7), defendants New York State Department of Taxation and Finance, Robert Megna, in his official capacity as Commissioner of the New York State Department of Taxation and Finance, the State of New York, and David A. Paterson, in his official capacity as the Governor of the State of New York (collectively the State) move to dismiss the complaint. Plaintiffs Amazon.com LLC and Amazon...

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