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MTR. OF 6 E. 112TH ST. CORP. v. TAX COMM.

8 A.D.2d 542 (1959)

In the Matter of 6 E. 112th Street Corp. et al., Petitioners, v. State Tax Commission of the State of New York, Respondent

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

August 13, 1959.

Attorney(s) appearing for the Case

Emil Levin and Harry Merwin for petitioners.

Louis J. Lefkowitz, Attorney-General (Robert W. Bush and Paxton Blair of counsel), for respondent.

BERGAN, J. P., COON, GIBSON and REYNOLDS, JJ., concur.

HERLIHY, J.

There is substantially no dispute as to the facts. Petitioners' domestic corporations had for a number of years been classified and taxed pursuant to section 182 of the Tax Law which defines a real estate corporation as "wholly engaged in the purchase and sale of, and holding title to, real estate for itself, or wholly engaged in the business of subleasing real estate * * * or wholly engaged in any...

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