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MATTER OF CITY OF NEW YORK

12 N.Y.2d 1051 (1963)

In the Matter of the City of New York, Relative to Acquiring Title to Real Property for De Kalb Avenue Reconstruction, Borough of Brooklyn. City Collector et al., Appellants; United States of America, Respondent.

Court of Appeals of the State of New York.

Decided March 28, 1963.

Attorney(s) appearing for the Case

Leo A. Larkin, Corporation Counsel (Stanley Buchsbaum, Jacob Friedes and Samuel J. Warms of counsel), for appellants.

Joseph P. Hoey, United States Attorney (Donald N. Ruby of counsel), for respondent.

Concur: Judges DYE, VAN VOORHIS, BURKE and FOSTER. Dissent: Chief Judge DESMOND and Judges FULD and SCILEPPI.

Order affirmed, with costs, upon the ground that the claim of the city to sales taxes and general business taxes was not a setoff at the crucial date for the reasons stated in the opinion at the Appellate Division. Question certified answered in the affirmative. No opinion.

Chief Judge DESMOND and Judges FULD and SCILEPPI dissent in the following memorandum. By express provision of the New York City Sales Tax Law (Administrative Code of City of New York, § N41...

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