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EMPIRE CO. v. TAXATION DEPT.

150 Misc.2d 747 (1990)

Empire State Building Company, Plaintiff, v. New York State Department of Taxation and Finance et al., Defendants.

Supreme Court, New York County.

December 5, 1990

Attorney(s) appearing for the Case

Wein, Malkin & Bettex (Marcia Kusnetz of counsel), for plaintiff. Robert Abrams, Attorney-General (Vincent Leong of counsel), for New York State Department of Taxation and Finance and another, defendants. Victor A. Kovner, Corporation Counsel (Gail Zareko of counsel), for City of New York and others, defendants.

LEONARD N. COHEN, J.

In motion number 33, plaintiff, Empire State Building Company, moves for a preliminary injunction, pursuant to CPLR 6301, tolling the running of the 90-day period within which it may challenge the imposition or amount of sales tax, interest and penalties claimed as due in the proposed statement of audit adjustment issued to plaintiff, dated February 21, 1990, or assessed in the notice of...

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