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AIRBORNE v. DEPT OF TAXATION

134 Misc.2d 602 (1987)

Airborne Freight Corporation et al., Plaintiffs, v. New York State Department of Taxation and Finance et al., Defendants.

Supreme Court, Albany County.

February 4, 1987

Attorney(s) appearing for the Case

Szold & Brandwen and McNamee, Lochner, Titus & Williams for Airborne Freight Corporation, plaintiff. Galland, Kharasch, Morse & Garfinkle and Read & Laniado for Air Express International Corporation, plaintiff. Robert Abrams, Attorney-General (Francis V. Dow of counsel), for defendants.

EDWARD S. CONWAY, J.

This is a declaratory judgment action in which both plaintiffs seek a judgment: (1) declaring that Tax Law § 184 (1), insofar as it imposes taxes on the gross receipts of plaintiffs, is unconstitutional insofar as it seeks to tax the gross receipts of the plaintiffs derived from their operations as air express transportation companies and air freight forwarders; and (2) preliminarily...

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