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HOLMES ELEC. PROTECTIVE CO. v. CITY OF NEW YORK

279 A.D. 564 (1951)

Holmes Electric Protective Company, Appellant, v. City of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

October 16, 1951.

Judgment affirmed, with costs.

DORE, J. (dissenting).

Utility tax laws tax only utilities and sales of utility services. Efforts to impose such taxes on receipts from sales of nonutility services have been struck down by the courts (Matter of Holmes Elec. Protective Co. v. McGoldrick, 262 App. Div. 514, affd. 288 N.Y. 635; Matter of United Parcel Service of New York v. Joseph, 272 App. Div. 194, affd. 297 N.Y. 1004). On the...

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