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LONG ISLAND PUBS. v. CITY OF NEW YORK

31 Misc.2d 286 (1961)

Long Island Racing Publications, Inc., Plaintiff, v. City of New York et al., Defendants.

Supreme Court, Special Term, New York County.

October 3, 1961

Attorney(s) appearing for the Case

Graubard & Moskovitz (Michael H. Greenberg of counsel), for plaintiff. Leo A. Larkin, Corporation Counsel (Stanley Buchsbaum of counsel), for defendants.

GEORGE TILZER, J.

Both parties move for summary judgment. The action was brought for a declaration that the city sales tax does not apply to plaintiff's "tip sheet" since it is not tangible property but embodies services and it is not an information service.

Paragraph 1 of subdivision a of section N41-2.0 of the Administrative Code of the City of New York reads as follows:

"On and after July 1st, nineteen hundred thirty-eight, there shall...

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