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LINCOLN FIRST v. TAX COMMN.

136 Misc.2d 478 (1987)

Lincoln First Commercial Corporation, Plaintiff, v. New York State Tax Commission et al., Defendants.

Supreme Court, New York County.

July 24, 1987

Attorney(s) appearing for the Case

Margolis & Ryan for plaintiff. Robert Abrams, Attorney-General, for New York State Tax Commission, defendant. Peter L. Zimroth, Corporation Counsel, for City of New York, defendant. Conboy, Hewitt, O'Brien & Boardman for Philip Morris, Inc., defendant. Anes, Friedman, Leventhal & Rubin for R. J. Reynolds Industries, Inc., and others, defendants. Gottesman, Wolgel, Smith & Secunda, P. C., for Peerless Insurance Company, defendant. Hart & Hume for American Manufacturers Mutual Insurance Company and another, defendants. Arutt, Nachamie, Benjamin, Lipkin & Kirschner, P. C., for Philip Ruta and others, defendants.

DAVID B. SAXE, J.

Plaintiff moves for partial summary judgment pursuant to CPLR 3212 (e). Defendants New York State Tax Commission (State) and City of New York Department of Taxation and Finance (City) informally cross-move for summary judgment.

Plaintiff is a commercial lending corporation which advanced funds to Joseph Schrager, Inc. (Schrager), a wholesale distributor of cigarettes in the New York...

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