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EMPIRE STATE BUILDING COMPANY, Respondent, v. NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE et al., Appellants.

Motion by the State defendants, insofar as it seeks leave to appeal from that part of the Appellate Division order that affirmed Supreme Court's order denying their motion for leave to renew, dismissed upon the ground that that portion of the order sought to be appealed from does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise granted. Motion for leave to appeal by the City defendants granted.

Judge SMITH taking no part.

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EMPIRE ST. BLDG. v. NEW YORK ST. DEPT. OF TAX. FIN
(Feb 16, 1993)