NEW YORK, N. H. & H. R. R. CO. v. STATE TAX


26 Misc.2d 499 (1960)

New York, New Haven and Hartford Railroad Company, Plaintiff, v. State Tax Commission et al., Defendants.

Supreme Court, Special Term, New York County.

March 7, 1960


Attorney(s) appearing for the Case

Charles H. Tenney, Corporation Counsel (Stanley Buchsbaum and Morris L. Heath of counsel), for defendants. Robert M. Peet for plaintiff.


VINCENT A. LUPIANO, J.

The defendants other than the State Tax Commission of the State of New York move for summary judgment, pursuant to rules 113 and 114 of the Rules of Civil Practice, dismissing on the merits so much of the complaint as seeks an order directing the moving defendants to turn over to the State Tax Commission an amount equal to those taxes allegedly paid by mistake to the City of New York....

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