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  5. 26 A.D.2d 320 (1966)
 

EMPIRE STATE BLDG. CORP. v. CITY OF N.Y.

26 A.D.2d 320 (1966)

Empire State Building Corporation, Respondent, v. City of New York et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 1, 1966.

Attorney(s) appearing for the Case

Stanley Buchsbaum of counsel (J. Lee Rankin, Corporation Counsel, attorney), for appellants.

Irving Constant of counsel (Max J. Rubin and Abraham G. Levin with him on the brief; Rubin, Wachtel, Baum & Levin, attorneys), for respondent.

BOTEIN, P. J., and BREITEL, J., concur with RABIN, J.; STEUER, J., dissents in opinion in which WITMER, J., concurs.

RABIN, J.

Defendants appeal from an order of Special Term which granted plaintiff's motion for summary judgment in this action brought by the plaintiff to declare invalid the provisions of sections I46-4.0 and I46-6.0 of the Administrative Code of the City of New York.

This action arose as a result of the attempt of the City of New York to impose a real property tax upon plaintiff as grantee in a transaction...

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