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MATTER OF COLGATE-PALMOLIVE-PEET CO. v. JOSEPH

283 A.D. 55 (1953)

In the Matter of Colgate-Palmolive-Peet Company, Petitioner, v. Lazarus Joseph, as Comptroller of The City of New York, Respondent

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

November 24, 1953.

Attorney(s) appearing for the Case

Sol Charles Levine of counsel (Joseph M. Godman with him on the brief; S. C. Levine and S. H. Levine, attorneys), for petitioner.

Leroy Mandle of counsel (Stanley Buchsbaum and Seymour B. Quel with him on the brief; Denis M. Hurley, Corporation Counsel, attorney), for respondent.

PECK, P. J., CALLAHAN and BASTOW, JJ., concur with BREITEL, J.; DORE, J., dissents and votes to confirm determination, with costs in opinion.

BREITEL, J.

In this article 78 (Civ. Prac. Act) proceeding petitioner, Colgate-Palmolive-Peet Company, seeks to annul a determination of the city comptroller assessing it for a tax deficiency. The City of New York claims a sales tax (Administrative Code, ch. 41, tit. N) from the company covering paperboard cartons in which the company shipped its soap and toilet products to retail druggists and grocers. The city...

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