MATTER OF MO-DURN COIN DEVICES, INC. v. PAGE


20 A.D.2d 611 (1963)

In the Matter of Mo-Durn Coin Devices, Inc., Petitioner, v. Ralph C. Page, as Treasurer of The County of Broome, Respondent

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

December 27, 1963


Submission of controversy on stipulated facts. The stipulated facts make it unnecessary to determine whether the transaction of May 16, 1962 was a retail sale, since petitioner concedes that a retail sales tax thereby became due in some amount. With this concession, we are of opinion that the tax is measured by the sum of $101,617.96, the conceded value of the property thus transferred.

Judgment for respondent, without costs...

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