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FINCH, PRUYN v. TULLY

69 A.D.2d 192 (1979)

In the Matter of Finch, Pruyn & Co., Inc., Petitioner, v. James H. Tully, Jr., et al., Constituting The Tax Commission of the State of New York, Respondents

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

July 19, 1979

Attorney(s) appearing for the Case

Hancock, Estabrook, Ryan, Shove & Hust (Joseph H. Murphy of counsel), for petitioner.

Robert Abrams, Attorney-General (Francis V. Dow and Shirley Adelson Siegel of counsel), for respondents.

STALEY, JR., and MIKOLL, JJ., concur with KANE, J.; GREENBLOTT, J. P., and MAIN, J., dissent and vote to confirm in a separate memorandum by GREENBLOTT, J. P.

KANE, J.

Petitioner is a New York corporation engaged in the manufacture of fine and high grade paper for books, business forms and written correspondence. At issue in this proceeding is whether some of the chemicals used in the production of that paper are exempt from the New York State sales and compensating use tax as tangible personal property purchased for resale as a physical component part of other tangible...

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