MATTER OF AMER. CYANAMID & CHEM. CORP. v. JOSEPH


308 N.Y. 259 (1955)

In the Matter of American Cyanamid and Chemical Corporation et al., Appellants, v. Lazarus Joseph, as Comptroller of The City of New York, Respondent.

Court of Appeals of the State of New York.

Decided March 3, 1955


Attorney(s) appearing for the Case

Sol Charles Levine, S. H. Levine and Joseph M. Godman for appellants.

Leo A. Larkin, Acting Corporation Counsel (Leroy Mandle and Stanley Buchsbaum of counsel), for respondent.

CONWAY, Ch. J., DYE, FULD, FROESSEL and VAN VOORHIS, JJ., concur; BURKE, J., taking no part.


DESMOND, J.

New York City's local retail sales tax statute (Administrative Code of City of New York, ch. 41, tit. N), imposes the tax on the purchaser but requires that it "be paid by the purchaser to the vendor as trustee for and on account of the city" and makes the vendor "liable for the collection thereof and for the tax" (Administrative Code, § N41-2.0). Since this is a "consumer's tax" and the sales...

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