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Sprint Communications Company, L.P., Plaintiff-Appellant, v. The City of New York Department of Finance, et al., Defendants-Respondents

4165. Sprint Communications Company, L.P., Plaintiff-Appellant, v. The City of New York Department of Finance, et al., Defendants-Respondents. — Plaintiff appeals from an order of the Supreme Court, New York County (Lynn R. Kotler, J.), entered April 27, 2016, which denied its motion for summary judgment declaring that it is subject to the supervision of the New York State Department of Public Service and is therefore liable for the City utility tax and not the City unincorporated business income tax, and granted defendants' motion for summary judgment declaring that plaintiff is not a utility within the meaning of the City utility tax code and is therefore liable for both the utility tax and the unincorporated business income tax.

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4165. Sprint Communications Company, L.P., Plaintiff-Appellant, v. The City of New York Department of Finance, et al., Defendants-Respondents. — Plaintiff appeals from an order of the Supreme Court, New York County (Lynn R. Kotler, J.), entered April 27, 2016, which denied its motion for summary judgment declaring that it is subject to the supervision of the New York State Department of Public Service and is therefore liable for the City utility tax and not the City unincorporated business income tax, and granted defendants’ motion for summary judgment declaring that plaintiff is not a utility within the meaning of the City utility tax code and is therefore liable for both the utility tax and the unincorporated business income tax.

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

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