INDUS. INDEM. CO. v. COOPER


81 N.Y.2d 50 (1993)

In the Matter of Industrial Indemnity Company et al., Appellants, v. Wendy E. Cooper, as Acting Superintendent of Insurance of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 30, 1993.


Attorney(s) appearing for the Case

Everett, Johnson & Breckinridge, New York City (James H. Kenworthy, John S. Breckinridge, Jr., and Laura C. Walton of counsel), for appellants.

Robert Abrams, Attorney-General, New York City (Marcie S. Mintz and Jerry Boone of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., and BELLACOSA concur.


SMITH, J.

The issue presented by this appeal is whether a foreign insurer doing business in the State of New York may lawfully claim amounts paid pursuant to the New York City commercial rent or occupancy tax (hereinafter "commercial rent tax") (Administrative Code of City of NY § 11-701 et seq.) as a credit toward the retaliatory tax imposed by Insurance Law § 1112.

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