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MATTER OF GRANT CO. v. JOSEPH

2 N.Y.2d 196 (1957)

In the Matter of W. T. Grant Company, Appellant, v. Lazarus Joseph, as Comptroller of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided January 10, 1957.

Attorney(s) appearing for the Case

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

Harman Hawkins and Robert L. Martin for S. H. Kress and Company, amicus curiæ, in support of appellant's position.

Kenneth W. Greenawalt and William T. Pullman for F. W. Woolworth Co., amicus curiæ, in support of appellant's position.

Peter Campbell Brown, Corporation Counsel (Leroy Mandle and Stanley Buchsbaum of counsel), for respondent.

CONWAY, Ch. J., DYE, FROESSEL and VAN VOORHIS, JJ., concur with FULD, J.; DESMOND, J., dissents in an opinion; BURKE, J., taking no part.

FULD, J.

We granted leave to appeal in this case in order that we might consider important questions involving the construction and administration of the New York City Sales Tax Law.

Appellant W. T. Grant Company, a present-day counterpart of the old five and ten cent store, operates a dozen or so limited price variety retail stores in New York City. It brought this proceeding to review a determination...

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