BROWN'S LIMO SERV v. IRIZZARRY


85 Misc.2d 280 (1975)

Brown's Limousine Service, Inc., Plaintiff, v. Ivan E. Irizzarry, as Finance Administrator of the City of New York, et al., Defendants.

Supreme Court, Special Term, New York County.

November 28, 1975


Attorney(s) appearing for the Case

Wagner, McNill & Di Maio for plaintiff. W. Bernard Richland, Corporation Counsel (Isaac C. Donner of counsel), for defendants.


ABRAHAM J. GELLINOFF, J.

In this action brought by plaintiff, a limousine service, for a judgment declaring that it is not subject to the New York City utility tax (Administrative Code of City of New York, ch 46), plaintiff moves for summary judgment. Plaintiff claims that, during the tax years in question, it was not a utility as defined by law, that the utility tax, if imposed, would constitute impermissible...

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