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MATTER OF GOLDNER v. STATE TAX COMM'N

70 A.D.2d 978 (1979)

In the Matter of Leonard Goldner, Doing Business as Singer's Restaurant, Petitioner, v. State Tax Commission, Respondent

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

June 14, 1979

Petitioner, individually, owns and operates Singer's Restaurant in Liberty, Sullivan County, New York. In addition to restaurant service for consumption on-premises, petitioner maintained a service bar where delicatessen cold cuts, sandwiches and beverages were sold for off-premises consumption. Since petitioner sold some food items for off-premises consumption, he was entitled to the benefit of the exemption provided in section 1105 (subd [d], par [i], cl [3]) of the Tax...

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