Court of Appeals of New York

In a civil enforcement action alleging that defendant Sprint knowingly submitted false tax statements in violation of the New York False Claims Act (FCA), the order of the Appellate Division is affirmed where: 1) New York imposes sales tax on interstate voice service sold by mobile providers; 2) New York's tax law is not preempted by federal law; 3) plaintiff sufficiently pleaded a New York FCA cause of action; and 4) recoverable damages are not barred by the Ex Post Facto Clause of the U.S. Constitution.

Appellate Information

• Published 2015/11/17

Judges

• LIPPMAN

Court

• Court of Appeals of New York

Counsel