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MATTER OF UNITED PIECE DYE WORKS v. JOSEPH

282 A.D. 60 (1953)

In the Matter of United Piece Dye Works, Petitioner, v. Lazarus Joseph, as Comptroller of The City of New York, et al., Respondents

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

May 12, 1953.

Attorney(s) appearing for the Case

Phillip W. Haberman, Jr., of counsel (Wilbur H. Friedman and Gerald Silbert with him on the brief; Proskauer Rose Goetz & Mendelsohn, attorneys), for petitioner.

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

DORE, J. P., COHN and VAN VOORHIS, JJ., concur with BREITEL, J.; CALLAHAN, J., dissents in opinion.

BREITEL, J.

Since the principles discussed in Matter of United Air Lines v. Joseph (282 App. Div. 48) decided simultaneously herewith, are also involved in this case, the discussion will not be repeated. It will be assumed however that the previous discussion is considered the ground for what follows here.

This case involves the imposition of the New York City gross receipts tax (Administrative Code...

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