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NAT. ELEVATOR v. TAX COMM.

65 A.D.2d 304 (1978)

In the Matter of National Elevator Industry, Inc., et al., Appellants, v. State Tax Commission, Respondent

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

December 28, 1978

Attorney(s) appearing for the Case

Putney, Twombly, Hall & Hirson (Howard F. Ordman of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (Nigel G. Wright and Ruth Kessler Toch of counsel), for respondent.

KANE, J. P., and MAIN, J., concur with MIKOLL, J.; HERLIHY, J., dissents and votes to affirm in an opinion; LARKIN, J., not taking part.

MIKOLL, J.

Petitioner, National Elevator Industry, Inc. (N.E.I.I.) is a membership corporation composed of companies engaged in the business of servicing, maintaining and constructing escalators and elevators in New York State and the several 50 States. Petitioner, Westinghouse Electric Corporation, is a member of N.E.I.I. Petitioners challenge the validity and constitutionality...

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