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STATE EX REL. RASMUSEN v. CITIGROUP, INC.

100175/13, 7017, 7016.

162 A.D.3d 607 (2018)

75 N.Y.S.3d 903

2018 NY Slip Op 04845

State of New York ex rel. Eric Rasmusen, Appellant, v. Citigroup, Inc., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 28, 2018.

The court lacked subject matter jurisdiction over this action because plaintiff's allegations that defendant wrongfully underpaid its New York State taxes are derived from and are substantially similar to allegations that were already in the public domain (see State Finance Law § 190 [9] [b]; State of N.Y. ex rel. Jamaica Hosp. Med. Ctr., Inc. v UnitedHealth Group, Inc., 84 A.D.3d 442 [1st Dept 2011]).

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