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MTR. OF SCHAEFER BREWING CO. v. GEROSA

4 N.Y.2d 423 (1958)

In the Matter of F. & M. Schaefer Brewing Company, Appellant, v. Lawrence E. Gerosa, as Comptroller of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided June 25, 1958.

Attorney(s) appearing for the Case

Francis L. Casey and Russell D. Morrill for appellant.

Peter Campbell Brown, Corporation Counsel (Morris L. Heath and Stanley Buchsbaum of counsel), for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FROESSEL, VAN VOORHIS and BURKE concur.

FULD, J.

Whether the City of New York may tax receipts from sales by a local concern to its out-of-state customers where delivery of the goods sold was made in New York, is the question for decision.

The taxpayer, the F. & M. Schaefer Brewing Company, is a domestic corporation engaged in operating a brewery in Brooklyn. It sells its beer to retailers in the metropolitan area and also to wholesale distributors...

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