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SPATT v. CITY OF NEW YORK

14 A.D.2d 30 (1961)

Milton E. Spatt, Respondent, v. City of New York et al., Appellants

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

July 5, 1961.

Attorney(s) appearing for the Case

Stanley Buchsbaum and Solomon Portnow (Charles H. Tenney, Corporation Counsel), for appellants.

Robert A. Morse for respondent.

NOLAN, P. J., PETTE and BRENNAN, JJ., concur; BELDOCK, J., not voting.

UGHETTA, J.

Pursuant to an enabling act (L. 1934, ch. 873, as amd.) the City of New York has a sales tax on personalty purchased by its residents within its corporate limits (Administrative Code of City of New York, §§ N41-1.0 — N41-21.0) and, complementing it, a use tax on personalty purchased by its residents without its confines (Administrative Code, §§ M41-15.0 — M41-37.0...

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