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CABLE & WIRELESS v. FIN. DEPT

190 Misc.2d 410 (2001)

735 N.Y.S.2d 717

CABLE & WIRELESS, INC., Plaintiff, v. CITY OF NEW YORK DEPARTMENT OF FINANCE et al., Defendants.

Supreme Court, New York County.

July 31, 2001.

Attorney(s) appearing for the Case

Ingram Yuzek Gainen Carroll & Bertolotti, L. L. P., New York City (Roger Cukras and Mark Klein of counsel), for plaintiff.

Michael D. Hess, Corporation Counsel of New York City (Karen M. Griffin of counsel), for defendants.

OPINION OF THE COURT

JOAN A. MADDEN, J.

In this declaratory judgment action, plaintiff Cable & Wireless, Inc. (Cable) moves for summary judgment seeking a declaration that under the Administrative Code of the City of New York during the tax periods from April 1, 1990 through March 31, 1996 it was "subject to the department of public service." Thus, Cable asserts, it should have paid taxes as a utility, not...

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