GLUSHAK v. CITY OF NEW YORK


6 A.D.2d 381 (1958)

Elliott Glushak, Respondent, v. City of New York, et al., Appellants

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

September 30, 1958.


Attorney(s) appearing for the Case

Isidore Friedman of counsel (Stanley Buchsbaum with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for appellants.

Lewis Perkiss for respondent.

BOTEIN P. J., BREITEL, RABIN and M. M. FRANK, JJ., concur.


McNALLY, J.

This is an appeal from an order denying defendants' motion to dismiss the complaint pursuant to rules 107, 113 and 212 of the Rules of Civil Practice.

The action is for a declaratory judgment adjudging that plaintiff's transactions are not subject to the New York City Sales Tax Law and to vacate and restrain the collection of a warrant for sales tax covering the period September, 1954 to November...

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