MATTER OF SLATTERY ASSOCS., INC. v. TULLY


54 N.Y.2d 711 (1981)

In the Matter of Slattery Associates, Inc., Appellant, v. James H. Tully, Jr., et al., Constituting the State Tax Commission, Respondents.

Court of Appeals of the State of New York.

Decided July 6, 1981.


Attorney(s) appearing for the Case

Barry J. Byrnes, Ernest J. Williams and William B. Morris for appellant.

Robert Abrams, Attorney-General (Lawrence J. Logan and Shirley Adelson Siegel of counsel), for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

With respect to the piping we do not reach any question of inconsistency with other commission rulings since the complaint alleged, petitioner's expert testified and the hearing officer found that the piping was furnished to petitioner by the owner. As to the piping, therefore, petitioner, having paid no tax, has no right to a credit....

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