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METRO. LIFE INS. CO. v. CITY OF NEW YORK

199 Misc. 181 (1950)

Metropolitan Life Insurance Company, Plaintiff, v. City of New York, Defendant. In the Matter of Metropolitan Life Insurance Company, Petitioner, v. Lazarus Joseph, as Comptroller of The City of New York, Respondent.

Supreme Court, Special Term, New York County.

April 20, 1950.

Attorney(s) appearing for the Case

John P. McGrath, Corporation Counsel (Stanley Buchsbaum, Bernard H. Sherris and Alvin H. Kaufer of counsel), for defendant.

James F. Donnelly, Ferdinand Tannenbaum, David I. Shivitz and Edmund B. Bennefeld for plaintiff-petitioner.

BENVENGA, J.

Motions to dismiss (1) a complaint in an action to recover the amount of a business tax deficiency paid under protest, and (2) a petition in an article 78 proceeding to review the comptroller's determination of such tax deficiency. The basic question presented involves a construction of certain provisions of the Administrative Code of the City of New York.

In December, 1942, the comptroller...

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