Appellate Division of the Supreme Court of the State of New York December 9, 1997 (R.J. Reynolds Tobacco Co. v. City of New York Department of Finance)

OPINION OF THE COURT

Tom, J.

The issue on appeal is whether a corporate taxing provision of the New York City Administrative Code that disallows a depreciation deduction for a corporation’s property placed in service out of New York, while allowing such a deduction for property located within New York, confers preferential tax treatment upon local businesses, concomitantly discriminating against