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WHITEHALL PHARMACAL CO. v. CITY OF N. Y.

10 Misc.2d 548 (1957)

Whitehall Pharmacal Company, Plaintiff, v. City of New York, Defendant.

Supreme Court, Special Term, New York County.

December 6, 1957.

Attorney(s) appearing for the Case

William M. Chanson for plaintiff.

Peter Campbell Brown, Corporation Counsel (Stanley Buchsbaum and Morris L. Heath of counsel), for defendant.

SAUL S. STREIT, J.

Defendant, the City of New York, moves for summary judgment dismissing the complaint.

The first cause of action seeks a declaratory judgment that sales made by plaintiff to customers in New York City are exempt from the city's general business tax because a tax on such sales would constitute an unconstitutional tax on interstate commerce. The remaining nine causes of action seek recovery

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