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MANHATTAN & QUEENS FUEL CORP. v. VILL. OF ROCKVILLE CTR.

72 N.Y.2d 824 (1988)

Manhattan & Queens Fuel Corp., Appellant, v. Village of Rockville Centre, Respondent.

Court of Appeals of the State of New York.

Decided June 2, 1988.

Attorney(s) appearing for the Case

Carl S. Levine and Kenneth L. Robinson for appellant.

James J. Seward for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The issue in this action for breach of contract is whether defendant Village is contractually obligated to reimburse plaintiff for certain gross receipt taxes plaintiff paid to the Tax Commission pursuant to Tax Law § 300 (c) and § 301 (a). At the time plaintiff and defendant contracted for the sale of oil, no gross receipts...

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