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M & G CONVOY v. TAX COMM

55 A.D.2d 204 (1976)

In the Matter of M & G Convoy, Inc., Petitioner, v. State Tax Commission, Respondent

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

December 23, 1976

Attorney(s) appearing for the Case

Jack J. Geller, Harold Fein and Robert C. Macek for petitioner.

Louis J. Lefkowitz, Attorney-General (Francis V. Dow and Ruth Kessler Toch of counsel), for respondent.

KANE, J. P., MAHONEY and LARKIN, JJ., concur with MAIN, J.; HERLIHY, J., dissents and votes to confirm in a separate opinion.

MAIN, J.

Petitioner, a New York corporation engaged in transporting automobiles and trucks to dealers in the northeastern part of the United States, maintains 3 of its 11 terminals in the State of New York. To these New York terminals vehicles are brought mainly by rail from out of State and unloaded and placed in bay areas from which they are reloaded on petitioner's convoys and transported to dealers in New York and throughout the Northeast. The franchise...

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