MATTER OF MONGITORE v. MURPHY


44 A.D.2d 746 (1974)

In the Matter of James Mongitore et al., Doing Business as James Mongitore Associates, Petitioners, v. Joseph H. Murphy et al., Constituting The State Tax Commission, Respondents

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

April 25, 1974


In 1956 the petitioner, James Mongitore, licensed by the State in 1952 as a professional engineer, entered into a partnership with the petitioner Lucio Gemola under the name of James Mongitore Associates whereby profits and losses were to be shared equally. Mr. Gemola is not a licensed engineer. His duties consisted of serving the partnership in the capacity of office manager and as a draftsman. If in the course of his duties he was required to engage in work of an engineering...

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