MATTER OF MINDLIN v. GEROSA


11 N.Y.2d 826 (1962)

In the Matter of David Mindlin, Appellant, v. Lawrence E. Gerosa, as Comptroller of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 29, 1962.


Attorney(s) appearing for the Case

Samuel Gordon and Evelyn Frank for appellant.

Leo A. Larkin, Corporation Counsel (Morris L. Heath and Stanley Buchsbaum of counsel), for respondents.

Concur: Judges FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Chief Judge DESMOND and Judge DYE dissent and vote to affirm.


Order reversed, with costs in this court and in the Appellate Division, the final determination of the Comptroller annulled and respondents directed to refund to appellant the sum deposited with the City Treasurer under the assessment against appellant, with interest, upon the ground that appellant, a licensed check casher, is not subject to the New York City gross receipts tax as a "financial business...

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