SHEPPARD-POLLACK v. TULLY


64 A.D.2d 296 (1978)

In the Matter of Sheppard-Pollack, Inc., Petitioner, v. James H. Tully, Jr., as Commissioner of Taxation and Finance of The State of New York, Respondent

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

November 9, 1978


Attorney(s) appearing for the Case

Lee, Meagher, Cunningham & Lee (Gerard W. Cunningham of counsel), for petitioner.

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

KANE, J. P., MAIN, MIKOLL and HERLIHY, JJ., concur.


LARKIN, J.

The facts are not in dispute. During the period January 1, 1968 through December 31, 1974, petitioner paid sales taxes, in the amount of $3,300.11, on receipts for the services of removing debris resulting from demolition in connection with the performance of contracts for capital improvements to real property. By letter dated July 23, 1971, the Building Contractors Employers Association, acting on...

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