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BERKSHIRE SPINNING v. CITY OF N. Y.

6 A.D.2d 252 (1958)

Berkshire Fine Spinning Associates, Inc., Respondent, v. City of New York et al., Appellants

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

July 3, 1958.

Attorney(s) appearing for the Case

Stanley Buchsbaum of counsel (Bernard H. Sherris and John J. Lyden with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for appellants.

Truman Henson of counsel (Robert D. Cole with him on the brief; Robinson & Henson, attorneys), for respondent.

RABIN and McNALLY, JJ., concur with M. M. FRANK, J.; BREITEL, J., dissents and votes to affirm in opinion, in which BOTEIN, P. J., concurs.

M. M. FRANK, J.

In this action for a declaratory judgment the defendant, the City of New York, appeals from an order which denied its motion for summary judgment and from the summary judgment entered in favor of the plaintiff. Special Term decided that the New York City General Business and Financial Tax Law* was unconstitutional insofar as it applied to the plaintiff's activities...

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