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CITY OF NY. v. PERMANENT MISSION OF INDIA TO UN.

Docket Nos. 08-1805-cv, 08-1806-cv.

618 F.3d 172 (2010)

The CITY OF NEW YORK, Plaintiff-Appellee, v. The PERMANENT MISSION OF INDIA TO the UNITED NATIONS, Defendant-Appellant, Great America Leasing Corporation, Jane Doe # 1 through Jane Doe # 20, the names of the last 20 defendants being unknown to the plaintiff, the persons or parties intended to be, persons or corporations, if any, having or claiming an interest in or lien upon the property described in the complaint, Defendants. The City of New York, Plaintiff-Appellee, v. The Bayaryn Jargalsaikhan, as principal resident representative to the United Nations of the Mongolian People's Republic, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 17, 2010.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel of the City of New York ( John Low-Beer , Scott Shorr , Sarah Stewart , of counsel), for Plaintiff-Appellee.

Aaron Stiefel , Robert A. Kandel , Marisa Pizzolato , Kaye Scholer LLP, New York, N.Y., David O. Bickart , Kaye Scholer LLP, Washington, D.C., for Defendants-Appellants.

H. Thomas Byron III , Attorney, United States Department of Justice, Civil Division, Appellate Staff, Washington D.C. ( Harold Hongju Koh , Legal Adviser, United States Department of State, James H. Thessin , Deputy Legal Adviser, United States Department of State, Susan Benda , Attorney Adviser, United States Department of State, Tony West , Assistant Attorney General, Lev. L. Dassin , Acting United States Attorney, David S. Jones , Assistant United States Attorney, Douglas Letter , Attorney, United States Department of Justice, Civil Division, Appellate Staff, on the briefs), for Amicus Curiae United States of America.

Before: CALABRESI, HALL, Circuit Judges, SESSIONS, District Judge.

CALABRESI, Circuit Judge:

These consolidated appeals arise from a long-standing tax dispute between the City of New York ("the City") and certain foreign sovereigns who operate missions to the United Nations in the City. For years, the City has assessed property taxes against these missions, maintaining that while those parts of embassy buildings that are used for diplomatic offices are exempt from property taxation under international and state law, other parts of...

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