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MTR. OF N. Y. TEL. CO. v. COM. COUNCIL, RYE

43 Misc.2d 668 (1964)

In the Matter of New York Telephone Company, Petitioner, v. Common Council of City of Rye et al., Respondents. In the Matter of Consolidated Edison Company of New York, Inc., Petitioner, v. Common Council of the City of Rye et al., Respondents. In the Matter of Port Chester Water Works, Inc., Petitioner, v. Clay Johnson, as Mayor of City of Rye, et al., Respondents.

Supreme Court, Westchester County.

July 1, 1964

Attorney(s) appearing for the Case

Whitman, Ransom & Coulson for Consolidated Edison Company of New York, petitioner. Bleakley, Platt, Schmidt, Hart & Fritz for Port Chester Water Works, petitioner. G. Wallace Bates for New York Telephone Company, petitioner. Anthony T. Antinozzi, Corporation Counsel, for City of Rye, respondent. Gordon Miller, County Attorney, for County of Westchester.

HUGH S. COYLE, J.

Each of the petitioners herein have brought separate proceedings against the City of Rye, and joined the County of Westchester as a party, to review the levy by the City of Rye of a sewer tax on the assessed values of their special franchises. The respondents have moved for summary judgment, pursuant to 3212 CPLR, to dismiss each of the petitions. The parties hereto have agreed or acquiesced...

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