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  5. 16 N.Y.2d 1 (1965)
 

MTR. OF ATL. GULF & PAC. CO. v. GEROSA

16 N.Y.2d 1 (1965)

In the Matter of Atlantic Gulf & Pacific Co., 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 10, 1965.

Attorney(s) appearing for the Case

Stephen M. Piga and Gwynne H. Wales for appellant.

Leo A. Larkin, Corporation Counsel (Samuel J. Warms, Stanley Buchsbaum and Sanford I. Freedman of counsel), for respondent.

Chief Judge DESMOND and Judges DYE, BURKE, SCILEPPI and BERGAN concur with Judge FULD; Judge VAN VOORHIS dissents in an opinion.

FULD, J.

This is an article 78 proceeding to review the determination of the Comptroller of the City of New York imposing a compensating use tax upon a dredge and some pipe lines belonging to the petitioner, a West Virginia corporation having its principal place of business in New York City. The Appellate Division unanimously confirmed the Comptroller's determination and the petitioner appeals as of right on constitutional...

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