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MTR. OF MALKIN v. TULLY

65 A.D.2d 228 (1978)

In the Matter of Irving Malkin, Petitioner, v. James H. Tully, Jr., et al., Constituting The State Tax Commission, Respondents

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

December 28, 1978

Attorney(s) appearing for the Case

Arthur Chodosh for petitioner.

Louis J. Lefkowitz, Attorney-General (Hastings Morse and Ruth Kessler Toch of counsel), for respondent.

KANE, STALEY, JR., MAIN and MIKOLL, JJ., concur.

SWEENEY, J. P.

There is substantial agreement as to the following pertinent facts. In 1969 petitioner became affiliated with two others, Lane and Bartolucci, and formed LBM Lithographers, Inc. (LBM). Petitioner owned 50% of the stock and a corporation owned by the other two owned the other 50%. Petitioner was the president of LBM. He could sign corporate checks if countersigned...

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