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EMPIRE STATE BLDG. v. CITY OF NEW YORK

46 Misc.2d 461 (1965)

Empire State Building Corporation, Plaintiff, v. City of New York et al., Defendants.

Supreme Court, Special Term, New York County.

May 7, 1965

Attorney(s) appearing for the Case

Rubin Baum & Levin (Max J. Rubin, Abraham G. Levin, Irving Constant and Donald I. Laventhall of counsel), for plaintiff. Leo A. Larkin, Corporation Counsel (Stanley Buchsbaum of counsel), for defendants.

IRVING L. LEVEY, J.

This is an action for declaratory judgment wherein plaintiff seeks summary judgment declaring sections 146-4.0 and 146-6.0 of the Administrative Code of the City of New York illegal and unconstitutional insofar as they authorize the imposition of a real property transfer tax on plaintiff as grantee of real property from the United States of America.

On October 30, 1959, plaintiff purchased from the United States of America...

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