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SPRINT v. CITY OF N.Y.

154499/14, 4165.

152 A.D.3d 184 (2017)

2017 NY Slip Op 05194

58 N.Y.S.3d 338

SPRINT COMMUNICATIONS COMPANY, L.P., Appellant, v. CITY OF NEW YORK DEPARTMENT OF FINANCE et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 27, 2017.

Attorney(s) appearing for the Case

Morrison & Foerster LLP, New York City ( Hollis L. Hyans and Michael J. Hilkin of counsel), for appellant.

Zachary W. Carter , Corporation Counsel, New York City ( Kevin R. Harkins , Vincent D'Orazio , Andrew G. Lipkin and Andrea M. Chan of counsel), for respondents.

MAZZARELLI, MOSKOWITZ, MANZANET-DANIELS and KAPNICK, JJ., concur.

OPINION OF THE COURT

In this appeal we are called upon to interpret the words of the Administrative Code of the City of New York provisions relating to the taxation of communications companies. For the reasons that follow, we conclude that plaintiff is not a utility within the meaning of the Administrative Code and is therefore...

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