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MATTER OF LLC v. STATE

19 A.D.3d 886 (2005)

798 N.Y.S.2d 166

In the Matter of CS INTEGRATED, LLC, Petitioner, v. TAX APPEALS TRIBUNAL OF THE STATE OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 23, 2005.

Mugglin, J.

Petitioner, a foreign corporation, provides cold storage and related services to the food products industry. In 1989, to service a retail supermarket chain (hereinafter Company A), petitioner built a refrigerated warehouse in the Town of Chester, Orange County. In 1991, Company A experienced cash flow problems and asked petitioner for a loan. Fearful of its status as merely another creditor if Company A filed for bankruptcy, petitioner refused to make...

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