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MONTAUK v. PROCACCINO

50 A.D.2d 414 (1976)

In the Matter of Montauk Improvement, Inc., et al., Petitioners, v. Mario A. Procaccino et al., Constituting The State Tax Commission, Respondents

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

January 15, 1976

Attorney(s) appearing for the Case

Proskauer, Rose, Goetz & Mendelsohn (Alan S. Rosenberg and David Silvers of counsel), for petitioners.

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

KOREMAN, MAIN and LARKIN, JJ., concur with HERLIHY, P. J.; SWEENEY, J., concurs in part and dissents in part in a separate opinion.

HERLIHY, P. J.

Montauk Improvement (hereinafter referred to as Improvement) is a New York corporation engaged in the sale and development of land in Montauk, Long Island, New York. Improvement owns all of the stock of Montauk Country Club (hereinafter referred to as Country Club), engaged in the operation of a country club in Montauk. Country Club was formed for the purpose of attracting people to Montauk, so...

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