Legal Opinion

Teleprompter Manhattan CATV Corp. v. City of New York

New York Supreme Court

Decided September 18, 1979PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Martin Evans, J.

Petitioner and respondents have each moved for summary judgment in this CPLR article 78 proceeding in the nature of mandamus.

Petitioner commenced this proceeding on March 31, 1977, as an action for a declaratory judgment that it is entitled to a *999credit of franchise fees paid by it against amounts owed for its special franchise taxes from August 18, 1970 to date. Petitioner further sought to obtain a refund of alleged overpayments made by it by reason of respondents’ allegedly wrongful denial of such credit. By decision of this court dated February 16, 1978,…

2Cases cited5 opinions

  1. Sands v. Manistee River Improvement Co.Supreme Court of the United States · 1887
  2. Heerwagen v. Crosstown Street Railway Co.New York Court of Appeals · 1904
  3. City of Ithaca v. Ithaca Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1911
  4. New York & Queens Electric Light & Power Co. v. DelaneyNew York Court of Appeals · 1920
  5. New York Railways Co. v. City of New YorkNew York Court of Appeals · 1916

3Cited by2 opinions

  1. Teleprompter Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1981
  2. Brooklyn Union Gas Co. v. City of New YorkNew York Supreme Court · 1980

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