COUNTY OF ERIE v. CITY OF BUFFALO


4 A.D.2d 319 (1957)

County of Erie, Appellant-Respondent, v. City of Buffalo, Respondent-Appellant

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

July 12, 1957.


Attorney(s) appearing for the Case

Elmer R. Weil, Maurice J. Rumizen and John S. Ryan for appellant-respondent.

John J. Naples, Corporation Counsel (William J. Ostrowski, of counsel), respondent-appellant.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, WILLIAMS and BASTOW, JJ.


BASTOW, J.

This appeal presents the question as to whether the City of Buffalo or the County of Erie has the right to impose a local tax upon transactions whereby third parties within the city purchase and consume gas, electricity, steam and refrigeration. Since 1947 the county has imposed and collected, presumably for educational purposes, a sales tax at the rate of 1% on tangible personal property, and at least...

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