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EMERY AIR FREIGHT CORP. v. TISHELMAN

55 N.Y.2d 740 (1981)

Emery Air Freight Corporation, Appellant, v. Harry S. Tishelman, as Finance Commissioner of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 24, 1981.

Attorney(s) appearing for the Case

Jon B. Levison and Myron Beldock for appellant.

Allen G. Schwartz, Corporation Counsel (Arnold Fox and Gale Zareko of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The judgment of the Appellate Division should be affirmed, with costs.

Petitioner, Emery Air Freight Corp., challenges the New York City Commercial Rent Tax deficiency assessed against it by respondent City of New York Finance Administration for the period June 1, 1969 to May 31, 1972. Primarily, petitioner challenges as arbitrary, unreasonable and otherwise unlawful the determination that it was not entitled...

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